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Pedro Dawes

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  1. So I'm just about to upgrade my phone and broadband service, which involves taking out a new 18 month contract. It's a completely new agreement, made with no reference to the previous contract (definitely not a variation or modification), and there's no whole agreement clause. It directly replaces the services I was getting previously (and adds a few more), but my question is what happens to the status of the old contract? It doesn't seem to be formally terminated in any way, so is it in any way still enforceable? It still had 6 months or so to run before I actioned the upgrade. My practical question is, if I vary the service under the terms of the new contract, might they turn round and say - "ah - you're getting a better deal than you were before, so we're going to enforce the old contract"? Has the old contract been extinguished by entering into a new one to provide the same services? Or is it still floating around somewhere?
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