any legally clued up freddies?

[gohan]

basicly i want to know where i stand with breaking a phone contract


it has about 14 months to run of an 18 month contract


im with 3 and in feb they rang to offer a renewel of my previous 18 month contract, i told them i wanted the i-phone (which they didn't have at the time) and that i could get it elsewhere for £35/month with 600 mins unlimeted txts ect ect

they said if they gave me the same deal with 500 extra mins and a phone that has all the same funtions as the i-phone would i stay, so i asked them about the phone they told me it's called a samsung jet (s8000) its touch screen 5megpix cam ect ect and that it has inbuilt sat nav and can use 1000's of apps like the i-phone does, so i took the new deal

at first it seemed a good phone (going from a normal slide barely internet ready phone it still is good i supose) but the "sat nav" is acctaully google maps with the ability to turn into sat nav if u buy the $40 software and a memory card for the maps and don't live in the uk as those maps haven't been released yet, also the "apps" are called wigets, thiers about 12 of them, and thier jsut shortcuts to FB MSN twitter skype google you tube ect ect ect

spoke to a guy on tuesday who assured me it can have apps and that he would find out how to put them on thier or offer me a new handset if it turns out apps don't work he was supposed to ring me on wed, he never did. so i called back spoke to a suporvisor for about 40 mins going through it all again and he said he would get the original guy to call me back today which he did, and told me his pc had died erassing all his messages ect (including presumable the note about me being offered an altenative handset)

he's done some "research" and send me a link to andriod.com/market with step by step instructions of how to install apps (i already told him on tues it's not an andriod phone but he's convinced it is) surfice to say, they werent compatable or downloadable on my phone, rang back just now they guy was really helpful but said as it isn't his case he has to get the original guy to ring me again but he has put notes on saying emphaticaly it's not an android phone nor app ready, but that he can't make any decisions on it as its already being "handled"


now when i speak to the original guy AGAIN im fairly sure this offer of a new handset is going to disapeer so i'll want to cancel my contract on the grounds iv'e been missold to and am not getting what im paying for




so have they got me over a barrel?

 

[old.Tohtori]

What do you have in writing? Good lpace to start.

If the contract says "this phone, these minutes" without any spesifications on what the phone can do(besides them telling you), then you took the deal and it might be hard to prove that they promised you thousands of apps.

 

[gohan]

What do you have in writing? Good lpace to start.

If the contract says "this phone, these minutes" without any spesifications on what the phone can do(besides them telling you), then you took the deal and it might be hard to prove that they promised you thousands of apps.

nothing, also they have nothing signed by me, was all verbal, so any evidance they have is the call, which would include them selling me the phone with all its made up specs

 

[Lamp]

Did you have an opportunity to check out the Samsung Jet before you agreed to sign up to the new contract? If so, you probably should have realised it wasn't all that similar to the iphone, so technically, its caveat emptor methinks. Its not like you HAD to sign up there & then with no breathing time is it?

 

[Imgormiel]

You are English? Refer to Consumer rights act, not sure if it's 1972, section 75 or so or 1975 same section

 

[gohan]

Did you have an opportunity to check out the Samsung Jet before you agreed to sign up to the new contract? If so, you probably should have realised it wasn't all that similar to the iphone, so technically, its caveat emptor methinks. Its not like you HAD to sign up there & then with no breathing time is it?

well i could have said i'll think about it, but have you ever tried that with a phone salesman xD especially after showing a bit of interest


as for consumer rights surely it a bit of my word against thiers?

 

[Bahumat]

All call's are recorded, however they probably say "some calls are recorded" meaning they can say they have no record.

 

[gohan]

All call's are recorded, however they probably say "some calls are recorded" meaning they can say they have no record.

ye this is what worries me like the disapearing call from tuesday where there is now no record i was offered a replacement handset if he was unable to get apps to work for me

 

[Laddey]

Tilda

 

[Lamp]

you'll have to PM him. He's on here about 3 times a year lol

 

[old.Tohtori]

Well no matter what, any non-paper agreements ain't airtight, so if you want out, you're most likely only responsible to the original paper contract.

Ofcourse if you've lost money on this contract, do what Imgormiel said and contact consumer rights. They'll know for certain more about it then FHOT

Then again, oru methods are as effective, but the legality of them is questionable.

 

[Ch3tan]

Write to their complaints department, even if his PC died they would have a backup of the notes stored under your file. It's utter bullshit he has fed you, demand a transcript of the call from them.

Oh and in future, don't believe what sales people tell you. When you are buying a new phone a little research is essential. All you had to do was ask here

 

[soze]

I think you might of had it to long to just ditch it. You have 14 days i think it is under distance selling rules. I think anything now will be good faith from them but i doubt they will just say tough shit live with it,

 

[Zenith.UK]

Well no matter what, any non-paper agreements ain't airtight, so if you want out, you're most likely only responsible to the original paper contract.

Ofcourse if you've lost money on this contract, do what Imgormiel said and contact consumer rights. They'll know for certain more about it then FHOT

Then again, oru methods are as effective, but the legality of them is questionable.

O2 have started asking for your place of birth as a "verbal signature" at the end of taking out a new contract. It's so they can turn around and say that you agreed to the contract as specified because you provided a piece of personal info.

 

[Garaen]

You're going down for a 20 stretch. Say goodbye to the family, you won't be seeing them for a long time.

 

[old.Tohtori]

O2 have started asking for your place of birth as a "verbal signature" at the end of taking out a new contract. It's so they can turn around and say that you agreed to the contract as specified because you provided a piece of personal info.

Well that sounds dodgy. I guess they got it legalised somehow, but i'd fight tooth and nail over something as flimsy.

 

[Zenith.UK]

Well that sounds dodgy. I guess they got it legalised somehow, but i'd fight tooth and nail over something as flimsy.

Ohhh, I questioned it at the time as well.
It's because my upgrade was done over the phone for a contract that is administered online. There is no paper trail for an actual signature. To help enforce the contract, they ask for a piece of personal info. By volunteering it, you accept the terms of the contract as specified to you. I understood the reason for it, but I made her cover the key points of the contract terms one more time before I gave her the info.

 

[Raven]

Your first mistake was choosing 3 as a provider, this would have alerted them to the fact you like shiny adverts but aren't that fussed by the quality of service you receive. Your second mistake was asking for an I-phone, this would have alerted them to the fact you have no idea, at all about phones and that they could give you any old shit so long as they could convince you by word of mouth that the phone is GREAT! They offloaded a shit phone that they happened to have loads of in stock, you didn't test the phone in the shop, you just accepted what some numpty with a sales target had to say. To be honest, you are stuck with the contract whether you like it or not, companies aren't in the habit of sending out phones for free, you ordered the phone, you accepted the delivery of both the phone and the enclosed contract, you have used the phone in full knowledge of the contract and its terms. The only way you can get out of it is if they change their terms mid contract, a'la Orange. Suck it up and learn from experience. Don't rush into a purchase because some call centre monkey wants the commission.

And lol at them saying their computer had crashed erasing the messages, they would not be stored locally but attached to your customer account on the server. You dun got farmed bro.

 

[old.Tohtori]

Ohhh, I questioned it at the time as well.
It's because my upgrade was done over the phone for a contract that is administered online. There is no paper trail for an actual signature. To help enforce the contract, they ask for a piece of personal info. By volunteering it, you accept the terms of the contract as specified to you. I understood the reason for it, but I made her cover the key points of the contract terms one more time before I gave her the info.

Yeah just seems like a real security risk.

Let's say i get some of that info, what's to stop me from making contracts to any persons name over the phone?

Or better yet, the company farming you.

 

[gohan]

Your first mistake was choosing 3 as a provider, this would have alerted them to the fact you like shiny adverts but aren't that fussed by the quality of service you receive. Your second mistake was asking for an I-phone, this would have alerted them to the fact you have no idea, at all about phones and that they could give you any old shit so long as they could convince you by word of mouth that the phone is GREAT! They offloaded a shit phone that they happened to have loads of in stock, you didn't test the phone in the shop, you just accepted what some numpty with a sales target had to say. To be honest, you are stuck with the contract whether you like it or not, companies aren't in the habit of sending out phones for free, you ordered the phone, you accepted the delivery of both the phone and the enclosed contract, you have used the phone in full knowledge of the contract and its terms. The only way you can get out of it is if they change their terms mid contract, a'la Orange. Suck it up and learn from experience. Don't rush into a purchase because some call centre monkey wants the commission.

And lol at them saying their computer had crashed erasing the messages, they would not be stored locally but attached to your customer account on the server. You dun got farmed bro.

to be fair ive never had problems with 3 signal wise and what more do you want

also im not a massive i-phone fan, infact i dislike most things apple (got a zen rather than i-pod and am pushing them for a htc desire rather than i-phone) but at the time it was the best phon eon the market and the easiest way to say i want a touch screen smart phone with loads of fun apps is to say i want somthing like the the i-phone

also they said the words free upgrade ...... what was i to do?


UPGRADE AND FREE?!?!?!?!?

 

[Ch3tan]

Say no? And hold out for the phone you wanted.

 

[pez]

whatever you do keep paying your contract. Mobile phone companies will ruin your credit rating in months. Its like they log every missed payment as a default.

 

[Zenith.UK]

to be fair ive never had problems with 3 signal wise and what more do you want

also im not a massive i-phone fan, infact i dislike most things apple (got a zen rather than i-pod and am pushing them for a htc desire rather than i-phone) but at the time it was the best phon eon the market and the easiest way to say i want a touch screen smart phone with loads of fun apps is to say i want somthing like the the i-phone

also they said the words free upgrade ...... what was i to do?


UPGRADE AND FREE?!?!?!?!?

You didn't even TRY to get a better deal.
I had comparable contracts from all the main networks at hand when I phoned up O2. I started by saying that O2's tariffs for the HTC Desire weren't competitive compared to T-Mobile for example.
In the end I got a discounted tariff, extra minutes added and the phone itself for a penny.

If you don't ask, you won't get.
Sometimes it pays to push your luck a little.

 

[GReaper]

Do your research better next time before blindly accepting a phone upgrade. Whatever you do don't even consider breaking it - after 4 months you probably don't have a leg to stand on.

Do you hate the phone so much you can't stand it for the next 14 months? If it's unlocked, maybe try selling it on eBay to recoup some of the cost. Then buy the phone you really want upfront and unlocked, that way you can at least use the remaining months of your contract instead of having them wasted.

Can't afford to replace it? Live with it - you made a mistake and have to live with the consequences.

 

[Cyradix]

Move to belgium. Here we just get a mobile contract (you just get the sim card), buy the phone you want, AND I can cancel whenever I want

 

[Raven]

You can do that in the UK too. The contract type he is on about is where you get the phone "free" and pay for the monthly contract, usually £25-£35 for the decent phones.

You can ofc just go pay as you go too, top up as and when you want and buy your own phone.

 

[Ezteq]

sorry, haven't read any of the other posts...because I am just that busy!

Just read the contract and it'll tell you what the penalty is for breaking it, alternately you could phone the company and see if some form of arrangement could be come up with like a payment to get out eraly or something. I don't recommend doing something shifty, you might get away with it but it's never worth it if you don't!

 

[tierk]

Call OFCOM. They helped me kick Oranges a few years ago.

 

[Ch3tan]

Thing is tierk, orange have done little wrong that can be proved. Gohan agreed to the phone and the contract, and is way past the distance selling cool off period.

 

[Aph3x]

I was about to mention the distance selling thing, it's generally 7 to 14 days of recipit of the item, if you arent 100% satisfied with it then you can send it back and any contract will become null and void. As your way out of that you may be able to buy your way out of your contract. Thats quite an expensive thing to do because phone companies make there money and the cost of the phone back when your pay your monthly fees.

Personally what Id do is stick your Samsung on Ebay, sell it and also buy a unlocked phone from the same place, will save you alot of cash and also let you get the phone you want.