Unused emobile contract

Getronicle · 21-12-2012 3:04pm #1

Hi, posting on behalf of someone else who signed up to an emobile contract following a phone call from an emobile rep about 18 months ago. She never used the service (no calls, data etc) as I think she may not have been fully aware of what was being signed up for. The sim card is even still intact in the welcome pack.
I don't have the contract terms but I'm wondering if there are any consumer rights covering compensation for bills paid over this period? All bills were charged by direct debit. She also wishes to end the contract completely.

Thanks in advance for any info on this.

Procrastastudy · 22-12-2012 12:12am

I'm open to correction but I can't see why there would be; unless the friend is not mentally competent for some reason. I'm sure a quick call to e-mobile could terminate the contract after 18 months.

I might be worth chancing your arm re a refund but I doubt there is any obligation.

uck51js9zml2yt · 22-12-2012 12:25am

Your friend entered into a contract, paid the bill and 18 months later is looking for a refund.

Sorry, you've not got a leg to stand on. Its not e-mobiles fault the service wasnt used.

garhjw · 22-12-2012 12:27am

ok, from your post it seems they signed up on the phone. if so, the conversation etc has to have been recorded. maybe your friend could ask emobile for this recording to prove they entered into the contract. if they cant provide this, perhaps it could be argued there was no contract....

RangeR · 22-12-2012 10:22am

garhjw wrote: »

ok, from your post it seems they signed up on the phone. if so, the conversation etc has to have been recorded. maybe your friend could ask emobile for this recording to prove they entered into the contract. if they cant provide this, perhaps it could be argued there was no contract....

Recording only has to be kept for the duration of the contract. OP already said that term ended.

Cabaal · 22-12-2012 11:52am

Legally not much of a leg to stand on, not emobiles fault the person who signed up to the contract never utilized its services.

ScouseMouse · 22-12-2012 4:29pm

Sorry but I dont think you can go anywhere with this.

Its like asking VHI for a refund after a year on the grounds you never claimed.

RangeR · 22-12-2012 5:53pm

Fun thread, though.

Getronicle · 22-12-2012 8:29pm

RangeR wrote: »

Recording only has to be kept for the duration of the contract. OP already said that term ended.

The contract hasn't ended yet, just trying to clear this up before a cancellation is requested.

RangeR · 22-12-2012 11:24pm

Getronicle wrote: »

The contract hasn't ended yet, just trying to clear this up before a cancellation is requested.

Regardless, this should have been sorted out in month 1 WHEN YOUR FRIEND RECIEVED THE SIM AND PHONE!!!!!!!

She wait 18 months and expects a full refund AND to get out of the contract?

Nah!!!!!!!!!!111!!!!1!!!!!!ELEVENTY!!!2

Getronicle · 22-12-2012 11:40pm

RangeR wrote: »

Regardless, this should have been sorted out in month 1 WHEN YOUR FRIEND RECIEVED THE SIM AND PHONE!!!!!!!

She wait 18 months and expects a full refund AND to get out of the contract?

Nah!!!!!!!!!!111!!!!1!!!!!!ELEVENTY!!!2

Nothing was expected, just wanted to find out if there was anything protecting cases like this.

Thanks for your enthusiastic post though.

jahalpin · 22-12-2012 11:44pm

Did your friend get a phone from E-mobile as part of the contract?

The phone companies recoup the money that they spent buying the phone over the length of the contract

Getronicle · 22-12-2012 11:46pm

jahalpin wrote: »

Did your friend get a phone from E-mobile as part of the contract?

The phone companies recoup the money that they spent buying the phone over the length of the contract

No phone, just a sim.

Solair · 23-12-2012 2:06am

If she's SIM-only she's not likely to be in a contract at all.

Unless, E-mobile had some kind of lock-in contracts for SIM only which would be pretty unusual in this market. Most SIM-only plans roll month-to-month and you can cancel by porting out to another network, or giving 30 days notice.

RangeR · 24-12-2012 5:27pm

Solair wrote: »

If she's SIM-only she's not likely to be in a contract at all.

Unless, E-mobile had some kind of lock-in contracts for SIM only which would be pretty unusual in this market. Most SIM-only plans roll month-to-month and you can cancel by porting out to another network, or giving 30 days notice.

They don't. It's a rolling 30 day [calendar month] contract.

Solair · 25-12-2012 2:28pm

RangeR wrote: »

They don't. It's a rolling 30 day [calendar month] contract.

In that case, just ring them and ask to move it to prepay and that should terminate your contract, and keep the number alive.

If you're not keen on keeping it with e-mobile, just ask another network to take it over. Any phone store should be able to sort that out for you.

Merry Xmas

RangeR · 25-12-2012 6:11pm

Solair wrote: »

In that case, just ring them and ask to move it to prepay and that should terminate your contract, and keep the number alive.

If you're not keen on keeping it with e-mobile, just ask another network to take it over. Any phone store should be able to sort that out for you.

Merry Xmas

Happy little baby jeebus day. Op actually wants 18 months of payment back.

Solair · 26-12-2012 9:24pm

Eh, well he'll be waiting !

matt-dublin · 26-12-2012 9:29pm

Why did she sign up to a mobile phone contract and then not use it?

No leg to stand on here really. Most sim only plans can be closed at any time as there's no minimum contract term.

You won't get the money back either. Same logic as my Netflix subscription, if I don't use it for a month and didn't close the account I still have to pay the 7 euro

Getronicle · 26-12-2012 10:41pm

Not going to get into details of why it was signed up for and never used.

Solair wrote: »

If she's SIM-only she's not likely to be in a contract at all.

Unless, E-mobile had some kind of lock-in contracts for SIM only which would be pretty unusual in this market. Most SIM-only plans roll month-to-month and you can cancel by porting out to another network, or giving 30 days notice.

Thanks for that, would make sense seeing as they didn't notify of a contract renewal.

Btw, as I already stated I never looked for a refund, only a cancellation. I merely asked for information regarding it.

matt-dublin · 27-12-2012 9:11pm

Just ring up and cancel. Ask at the same time

Procrastastudy · 27-12-2012 10:05pm

Getronicle wrote: »

Not going to get into details of why it was signed up for and never used.

Thanks for that, would make sense seeing as they didn't notify of a contract renewal.

Btw, as I already stated I never looked for a refund, only a cancellation. I merely asked for information regarding it.

I'm not saying the person was - but if and only if - they're a bit dotty (comes to us all) get some advice from FLAC and write a letter in.

Unused emobile contract

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