Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Unhappy Cancelling mobile phone contracts early....?

    I have a feeling this will have come up before, but nothing came up in my search and if you don't ask, you don't get, right!?

    I have heard a little rumour that if your service provider send a text informing of new T&C's, and if you DON'T use it after this message, you can write and cancel your contract early?

    Is this true? Are there any other ways of cutting short a contract? I am 5 months into a 18 month contract and I really want rid

    I am on orangeicon Dolphin which I arranged through a website, so I don't even get the unlimited free texts. Reception is poor, the phone is poor and I can't afford the bills, so I want rid!

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  2. #2
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    Default Re: Cancelling mobile phone contracts early....?

    Some observations - the contract conditions you sign up to will usually prevail for the duration of your minimum contract term, any subsequent changes being automatically applied on the 13th or 18th month (as appropriate). If the changes are to be applied immediately, then you will have an opportubity to decline them, but you have to do something positive to opt out, you cannot simply cease using the service and expect that to suffice. Sorry.

    Being sent a 'text message' of changes to the contract is immaterial because there is no guarantee that the phone user is actually the contract holder, so material changes must be served in writing, not as a text (although both is acceptable).


  3. #3
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    Default Re: Cancelling mobile phone contracts early....?

    Thanks for your reply. I understand that many service providers simply made their routine T&C changes on their respective websites, which Ofcom (I think) said this wasn't enough to inform consumers, in which they set a ruling meaning the SP had to directly inform the owner of the handset with a call or text. Is this correct, do you know?

    I meant that once this text informing of new T&C's came through, one could stop using the services (as continuation would act as acknowledgement and acceptance of the new T&C's) and then write to the SP stating reasons why you don't accept them and request termination. Hope that makes sense!?


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    Default Re: Cancelling mobile phone contracts early....?

    I know what you mean, but OFCOM were outlawing material changes by text (a 'call' was never permissible). The contract would be the one you signed (or agreed to) that was in force on your acceptance until the primary period expired.

    What you outline would be correct for Pre-Pay, but not for Contract (Post Pay) users.


  5. #5
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    Default Re: Cancelling mobile phone contracts early....?

    What information was contained in the text message? What changes have been made to your Ts &Cs?
    orangeicon have been informing customers about changes to Ts & Cs on the bills for the past few months with the new terms coming into effect from 1st June. However these new terms do not constitute a large enough change to warrent termination, they are mainly saying that if you do want to buy out of your contract, they will no longer give you a discount, and that they may enforce a credit limit on your monthly spend.
    I don't understand why you have taken on a contract that you cannot afford.
    You will be able to drop to a lower tariff after 9 months.



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