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Can I back out of mobile phone contract.

(5 Posts)
dontquotem3 Sun 04-Nov-12 20:26:55

Any advice appreciated.

My old phone contract was due for renewal. I decided to upgrade after receiving a call from my provider (which I recorded) in April. One of the things I was offered was unlimited landline calls and a monthly discount on the line rental for the duration of my 24 month contract.I agreed. Since April there has only been one occasion where my bill has come in at the right cost, and after having gone through my bills, I have found that I have been charged for landline calls amongst other things. I really do not want to continue this contract with this company, they have had plenty of money out of me over the years. Is the law on my side? Have they breached the contract?

mycatlikestwiglets Mon 05-Nov-12 09:38:38

I would think it unlikely that you have grounds for claiming repudiatory or fundamental breach at the moment (i.e. the type of breach of contract which would entitle you to escape the contract). It's far more likely that you have grounds for claiming damages - i.e. a sum of money to compensate you for your loss for their breach of the contract's terms. This would be the money you have paid which you shouldn't have.

What you need to do is give them a chance to put things right by contacting them (in writing is always best) and setting out exactly what has been done wrong and how much they now owe you. If they refuse to do anything and the terms of the contract make clear that they are charging for things they shouldn't (and clearly your recording of your original call will help you here), you might then be able to put an end to the contract. At the moment though, based on your OP, it doesn't sound as though you will be able simply to cancel the contract.

dontquotem3 Mon 05-Nov-12 10:22:23

After speaking with the provider, they said that I should go into one of their stores so that my recording can be listened to and I guess, have things straightened out. I am just looking through my email now an do not see any correspondance in wrt to terms and conditions for this new contract.

mycatlikestwiglets Mon 05-Nov-12 10:25:46

Are they disputing the terms of your new contract then? If the call says what you say it does this is probably the easiest way to sort it all out but I'd certainly ask them to send you a copy of what they say are your current terms and conditions.

dontquotem3 Mon 05-Nov-12 12:32:33

Found my contract. Nowhere does it mention my unlimited landline minutes etc. Going to visit provider store. Will update. Thanks for advice so far.

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