Mobile company won't end contract - their mistake and they admit it

[AnnieLobeseder]

Can anyone help me with the legal side of this please?

I took out a 12 month mobile contract a year ago. When the phone arrived, the paperwork said it was a 24 month contract. I contacted them, they apologised for the error and said they would sort it out.

A year goes by, my phone is old and sick so I phoned them for an upgrade. They tell me I have a 24 month contract and can't upgrade for another year.

I tell them about the error, they check my records and agree a mistake was made, and promise to sort it out. Cue a month of endless frustrating calls to the Customer Services, each time they admit the problem needs sorting, that they'll fix it an call me back. I never get called back. When I call again, new SC rep tells me that Operations is refusing to make the change as they have no proof my contract was ever for 12 months. This goes and on and on and on, same conversation daily, each time I am promised that this time the 'right manager' has given approval and Operations will have to sort it.

Eventually I lose the will to live and write to them, telling them that I am giving my 1 month's notice of termination, will be stopping my direct debit after the month and I enclose copies of my order confirmation and the letter I received admitting fault and promising to fix the issue.

I have a letter back from them asking me to call Customer Services to resolve the problem. NO confirmation of my month's notice.

I have a feeling they're just not going to do anything about this, hold me hostage to a 24 month contract, even though they have admitted fault. I will be stopping the dd but I really can't face the idea of demands for payment, legal action etc etc. I have 2 small children and a full-time job, I don't have the time to spend fighting my corner on this.

Any advice please?

Carry on as you are. You can't stop them pursuing you. Just don't respond to their letters if you've got nothing more to say.

But what about when the late payment letters start coming through after I stop the DD?

I want to take out a new contract with someone else but I'm scared to do so until this is sorted as I can't afford to pay for 2 phones at once.

Why are you getting worked up about it? You have the paperwork to prove you're right. There's only so many times you can be expected to tell them this. If you want to carry on paying when you don't need to then fine - go ahead. Either ignore them, or pay up. They don't seem to be listening to you.

Um, Collaborate. I asked where I stand from a legal viewpoint. If you can't tell me the answer, perhaps you could let people who can post instead? Your answers feel a little aggressive and aren't actually helpful.

And I have answered from a legal point of view. You just don't seem to be listening.

Have you tried going in to the shop and showing them the paperwork? They may say you have to phone but ask them to phone customer services instead on your behalf.

And if you are going to take out another contract with someone else, I would do it before you stop paying the other company as after that you will probably be refused because of the mark on your credit rating if it gets sent to a debt collection company.

God some people are snarky today.

If you've sent them copies of the original contract with 12 months on it, and kept copies for yourself, spoken with them on numerous occasions and TOLD them that you are cancelling the DD there is nothing they can do. Unfortunately the person ringing you about the cancellation may well have no idea about all of this, so be prepared to resend paperwork.

Tweeting/FBing might help as well.