Quizzes & Puzzles33 mins ago
Mobile phone supplier broke contract - is mobile call plan still binding
Hi, can anyone please advise.
I purchased a mobile phone through an internet company with a cash back option.
So every 3 months i would get back half of my �30 monthly subscriptions.
I recieved my first payment of �45, the next payment i got 3 months later was for �12.50 thus breaking the contract i had with them.
I canceled the phone with the airtime supplier but they have started to hassel me 3 years later via another company for the last 2 months payments (this was for �60 but has jumped to �126),.
Can this be enforced because as i see it the first contract was broken and so subsequent contract should be void?
Is this correct.
Any advice would be appreciated,thanks.
I purchased a mobile phone through an internet company with a cash back option.
So every 3 months i would get back half of my �30 monthly subscriptions.
I recieved my first payment of �45, the next payment i got 3 months later was for �12.50 thus breaking the contract i had with them.
I canceled the phone with the airtime supplier but they have started to hassel me 3 years later via another company for the last 2 months payments (this was for �60 but has jumped to �126),.
Can this be enforced because as i see it the first contract was broken and so subsequent contract should be void?
Is this correct.
Any advice would be appreciated,thanks.
Answers
Best Answer
No best answer has yet been selected by Tony2010. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Contract was for 1 year, i started trying to resolve at month 8, unfortunatly months 9 payment went out before i could cancel, so as they see it owing them 2 months line rental, for a service i never used.
I tried on many many occassions during month 8 of the contract to find a resolution, going between the phone supplier and mobile operator and getting them to talk to each ather aswell, i even supplied screen caps of the offer showing the rebates (which ive now lost).
The phone supplier in the end stopped talking to both myself and mobile company.
At this point i canceled my direct debits, informed the mobile company of why and said that im not prepared to be ripped off in this manner and to take me to court if they wanted.
Its now 3 years on and had not heard anything until now and it looks like the so called "debt" has been sold onto a third party.
I recieved a very threatening leter today from them and the bill has magically doubled.
I tried on many many occassions during month 8 of the contract to find a resolution, going between the phone supplier and mobile operator and getting them to talk to each ather aswell, i even supplied screen caps of the offer showing the rebates (which ive now lost).
The phone supplier in the end stopped talking to both myself and mobile company.
At this point i canceled my direct debits, informed the mobile company of why and said that im not prepared to be ripped off in this manner and to take me to court if they wanted.
Its now 3 years on and had not heard anything until now and it looks like the so called "debt" has been sold onto a third party.
I recieved a very threatening leter today from them and the bill has magically doubled.
Well, it hasn't "magically doubled". I presume it's increased because of interest charges and / or legal fees added.
And if you challenged them to take you to court three years ago, you can't really act especially surprised that it now ends up in legal action.
I guess ultimately it will depend what was in the contracts you agreed too but I'd guess we have two separate contractual relationships here. You signed an agreement with the mobile phone company and freely concede YOU broke it by stopping payments.
You also had a contractual arrangement with the sales company that THEY broke. Now whilst the mobile phone company have an interest in brokering a solution no doubt fundamentally this isn't their problem. It's between you and the sales agent and it's entirely your prerogative to take legal action against them to recover what they are owing to you as a separate issue.
Unless the facts are different to how I interpret your post then I expect you are due to pay this sum legally and will presumably eventually have to pay it.
And if you challenged them to take you to court three years ago, you can't really act especially surprised that it now ends up in legal action.
I guess ultimately it will depend what was in the contracts you agreed too but I'd guess we have two separate contractual relationships here. You signed an agreement with the mobile phone company and freely concede YOU broke it by stopping payments.
You also had a contractual arrangement with the sales company that THEY broke. Now whilst the mobile phone company have an interest in brokering a solution no doubt fundamentally this isn't their problem. It's between you and the sales agent and it's entirely your prerogative to take legal action against them to recover what they are owing to you as a separate issue.
Unless the facts are different to how I interpret your post then I expect you are due to pay this sum legally and will presumably eventually have to pay it.
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