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  1. I issued notice to my mobile phone company more than 30 days before the end of their minimum contract period and they told me that this 30 days notice starts from the last date - effectively tagging on an extra month to the contract. I told them that i did not think this was very fair and they said "not our fault that you did not read the small print.." Fair enough - but I said I thought it was fairly underhand and that if they were providing good quality customer service they would make this clear upfront. So below is the email stream.. removing names etc to protect the innocent/guilty etc. I hope this helps someone else to avoid these dubious charging practices... So after a phone conversation it starts with them sending me a copy of the contract with a link to the T&C;s on their website and I reply: Hi .........., Thanks for sending this through. Can you please direct me to the relevant clause of the T&C’s as I have no wish to trawl through them all. Regardless of if I have signed up to this “extra month” - as I expect I have. In reality therefore a 25 month contract and not a 24 month contract - I do believe that this process is pretty underhand. ..............should be making this very clear to your customers in an upfront manner and not tucked away in the legalese. Why is it tucked away? Are .......... aware that customers won’t like it? Frankly the fact that you don’t appear to empathise with my position on this is beyond me. It is quite clearly not an example of great customer service to not make such a clause very clear up front when a customer signs a contract. To tell me that I should have read the small print and it’s not your fault that I didn’t is...............well words escape me.. After 10 years or so with ........... – for it to end this way leaves a really bad taste in my mouth.. I look forward to your reply and further comments they reply.... Hi ..... Please refer to 9.2.2, I understand your comments below but in the contract it does clearly refer you to the website for T & C we don`t take the customer through the full terms and conditions when re-sign as it is a large document but the customer are able to read these in their own time. Thanks .... I reply....... Hi ..........., Sure it does – but I am saying that this should be made explicit to customers not left for them to wade through legalese and work it out for themselves... In any case - From what I read there is nothing which says that the termination period of 30 days can only begin at the end of the contact period It seems that if I serve notice 30 days in advance of the contract end date then I will have in fact complied with these terms. Here is the clause – please point out the part which says that the termination period of 30 days can only begin at the end of the contractual period? 9. Duration and Termination 9.1. This Agreement shall commence on the Commencement Date and shall continue for the Minimum Term and thereafter throughout the Wireless Service Period until the same is brought to an end by means of a Termination Notice or as provided in clause 9.6. 9.2. A Termination Notice may be given by either party and the Agreement terminated forthwith if: 9.2.1. the other party is in material breach, and the breach is capable of remedy and the party in breach shall have failed to remedy the breach within thirty (30) days of written notice specifying the breach and requiring its remedy, or the breach is not capable of remedy; or 9.2.2. bankruptcy or insolvency proceedings are brought against the other party, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of the other party’s assets, or the other party goes into liquidation. 9.3. A Termination Notice may be given to X or its agent X as applicable, under the circumstances set out in clause 18.2 at any time by the Customer and the Agreement terminated 30 days thereafter, if X increases prices or tariffs in respect of Airtime from the Charges set out in the Application for Service to the Customer’s material disadvantage or substantially varies these terms to the Customer’s material disadvantage other than where such increases in prices or tariffs or change to these terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body. 9.4. In addition to a party's right to terminate in accordance with clauses 9.2 and 9.3, at any time during the Wireless Service Period: 9.4.1. the Customer may serve on X or its agent X as applicable, a Termination Notice with a minimum of 30 days' notice and the Customer shall be liable for any applicable Termination Fee; or 9.4.2. X or its agent X as applicable, may serve on the Customer a Termination Notice with a minimum of 30 days' notice and the Customer shall not be liable for any applicable Termination Fee. 9.5. Upon the expiry of any Termination Notice or otherwise upon the termination of this Agreement X will disconnect all SIM Cards, from the Wireless Services and the Customer will pay to X or its agent X as applicable, any applicable Termination Fee. 9.6. This Agreement will automatically terminate upon the disconnection of the last SIM Card from the Wireless Services. 9.7. If this Agreement is terminated and the Customer wishes to transfer to another service provider, Thanks ..... They reply Sorry 9.3 9.3. A Termination Notice may be given to X or its agent X as applicable, under the circumstances set out in clause 18.2 at any time by the Customer and the Agreement terminated 30 days thereafter I reply..... This does not state that the 30 days starts at the end of the minimum contractual period. If I read the clause without reference to 18.2 – then I read it as meaning that it is simply 30 days from the day I choose to serve notice. Ie – I serve notice on X date and the contract ends 30 days thereafter... Meaning that if I serve notice 30 days before the end of the minimum term then the contract will end on the minimum term date. In this reading it does not give you the right to continue charging me for a further 30 days beyond that I am afraid. Worse - if I read the clause in relation to 18.2 to which in fact it appears to exclusively refer - then it actually seems to makes almost no sense at all ! 9.3. A Termination Notice may be given to X or its agent X as applicable, under the circumstances set out in clause 18.2 at any time by the Customer and the Agreement terminated 30 days thereafter 18.2. In the event that X changes the terms of this Agreement or the Application for Service X or its agent X as applicable, will provide the Customer with 28 days’notice of such change or, in either case, as much notice as is reasonably practicable where such change arises as a consequence of changes imposed by third party manufacturers or suppliers, or a regulatory body. The above read together means that if X change terms or service then I will be served with 28 days notice and then in return I can serve X with 30 days notice at any time and the agreement terminated 30 days thereafter.. So the two refer to each other.. So unless you have served me with notice of a change in terms or application of service then clause 9.3 is not even applicable ! I therefore do not accept that I have agreed your proposed usage of this clause ( to charge me for an additional 30 days beyond the minimum term) by agreeing to the T&C’s I propose therefore that I will offer you 30 days notice for my contract to end on the minimum term date and that will constitute the end of our relationship and that X will not seek to apply any charges beyond that date. In addition – as a gesture of good will that that you will supply my PAC code upon request and within 48 hours of that request without charge. Thanks.... They reply........... I don`t wish to get into a legal argument, we will release your Pac code on the X/X/X - on the contract end date. I reply..... Thank-you. Please confirm by reply that there will be no further or additional charges levied beyond the minimum contract term end date? They reply....... I can confirm your Pac code will be released on the (date) ..... and you need to give this to your new provider who will transfer this over in two working days, you will have call charges and line charges till you transfer over we will not just cut you off on the .......(date) I reply..... You have previously indicated that the PAC code can be provided in advance of the minimum contract term end (within 48 hours of request) and so as previously mentioned it is likely that I will request my PAC code in advance of the end of the minimum contract term. At the latest I will request a PAC code a week in advance of (Date - the contract end date) to give me the time to transfer over to a new provider. Please confirm that in this case that my contract ceases completely on the (date) with no call, line or any other charges beyond that point? I do accept that if I terminate the contract prior to (date) and ask you to cut me off that I will be liable for line charges up to and including that date. then after a final telephone conversation they reply: Hi..... No 30days will be added to the end of the contract period as discussed Thanks, ....
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