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What can I do with my mobile phone contract

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I am tired of talking to mymobileContractor's(real name not mentioned) representatives explaining them my issue, wasting hours of my time, for which I am not at all responsible. But here once again I will clearly explain my issue, and sequence of their responses.




Last year,August 2008, I spoke to one of the mymobileContractor sales person, on phone, for a mobile phone contract on O2 network. Of one of his offers was Nokia N95 8GB phone. He offered me two plans. Plan A is £45/month 12 months contract and Plan B was £35/month 18 months contract. After asking for advantages with each plan, he said I can get commulative cashback of £200 with the £35/month 18month contract, which is not available with £45 12 month contract. I opted for plan B(£35 18 months).





By the end of september 2008, I was expecting a bill of £35 and made sure that I had that amount in my bank.. When I saw the invoice(sent through email), just a day before the direct debit date, I was surprised to see £45 bill. I, thinking about the adverse affects caused with return of a direct debit due to insufficient funds, immediately made arrangements to meet the bill.



I have checked my invoice and it was stating my tariff plan as £45/month 12 month contract, which meant that my plan was not what I have thought to have chosen but selected to the £45 12month one. With not in any mood to call, wait for several minutes to be attended by their staff and explain my issue, I chose to continue with what I was given.



Then(June 2009t):

I have been paying a minimum of £45 a month for past 9 months. My statement was clearly showing my tariff plan is £45/month 12 contract. In June, I tried to buy an extra bolton service and contacted mymobileContractor representative, but got to know they are not doing bolt on offers anymore. But was notified by her that, some where on their system, I am on £35 contract, and was overcharged all these days. She said, I will be repayed all the money I have paid in extra. I was surprised to hear this. This happened around end of June. On, 08/07/2009, I received a text message from mymobileContractor stating "We've recalculated your bill and concluded you have been charged correctly or have been under charged. Call 0870 xxx xxxx for more info' ". This was a very mis calculated conclusion. Then I called the given number, waited for several minutes to be attended, explained one of the staff what all happened. She said, she will raise dispute and within 72 hours, I will be attended by them. But was not.


So Now:


Now they are saying they will refund the extra amount I have paid. But I am not in any mood to continue with them untill feb 2010(18 months contract).

They are insisting me to continue 18 months as I cannot breach the contract. But hasn't they breached the contract? Can I terminate the contract on the ground of these circumstances stating:

1) Charging for 9 months extra money than agreed in contract

2) Showing it as 12 month contract in all my 9 invoices

3) After all this, sending me a message that I was charged correctly.


Please advice me best options. thanks.

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I think you'll find it hard to force them to cancel due to them making an error, as long as they are willing to put it right.


What I'd do in your position is find their Code of practice (either online or thrugh a booklet), and follow their complaints procedure to the letter. Write a very assertive letter saying exactly what you want from them, and finish the letter off with


"If you are unwilling or unable to comply with my request, please let me know your reasoning and provide me with a DEADLOCK letter so I can forward this to the relevent ADR scheme"


I do think you'll find it hard to get them to change their minds on this one tho

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)


Or send a cheque or postal order payable to Reclaim the Right Ltd.


923 Finchley Road London NW11 7PE



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