Work for a mobile phone company?
I seem to remember someone on the board giving me advice once about my mobile phone contract as they worked in the industry. Does anyone know who this was?

Alternatively, is anyone particularly good on consumer contract law?

Details of why I'm asking and a potential almighty blag are in replies
(b3tamax Mate, you're fat and I'll throw you in the river, Fri 29 May 2009, 10:38, 16 replies, latest was 16 years ago)

Details and gubbins
So I took out an mobile phone contract recently (an 18 month one) and in turn received a shiny new G1 handset, and a bill for £25 p/m. Phone company has now written to me saying that they intend to update my Ts&Cs to accommodate extra charges in some circumstances.

My queries are thus:

Does this give me sufficient terms to end the contract (as I'll potentially be suffering a material loss with some of the charges)?
Would I get to keep the handset?
Would I be able to take the almighty piss and stay with the same operator on one of their shit-cheap price plans?

The reason that this is an almighty blag? I've been with them one month so far and obtained £50 through referring 2 friends. If this all goes through according to plan, I could well be in pocket courtesy of the phone company.

So, knowledgable people of OT, unremembered phone employee, InternetLawyerman(?), will this go off without a hitch?

Ta.
(b3tamax Mate, you're fat and I'll throw you in the river, Fri 29 May 2009, 10:38, Reply)

I'm NOT a lawyer, but
if the original contract gives them the right to make unilateral changes to the T&Cs then they might be on sounder ground.

If you were able to convince them that you were within your rights to drop out of the contract, then you'd be needing to restore them to the position they were in if the contract hadn't existed, e.g., you'd have to return the handset in unused condition.
(Eds Meds Mathskillz=1,Socialskillz=0, Fri 29 May 2009, 10:49, Reply)

Relevant verbage from the contract
7.2.3. A Cancellation Charge won’t apply if You are within the Minimum term and:
7.2.3.1. Our entitlement to operate the Network ends at any time; or
7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect;
(b3tamax Mate, you're fat and I'll throw you in the river, Fri 29 May 2009, 10:56, Reply)

Hmm
If 7.2.3.2 is in your contract I'd suggest getting on the blower to the mobile phone company and suggest that they shove their contract, sideways, with the assistance of a blast of compressed air.
(Eds Meds Mathskillz=1,Socialskillz=0, Fri 29 May 2009, 10:58, Reply)

I'm sure The Consumerist had a thing about this
www.consumerist.com

I think the gist was that the mobile phone companies took the position that because the contract mentioned they could do this it didn't count, but if you just stuck at it on the phone with their terminations department they eventually gave up.

But I might be misremembering.
( The Light in Chains don't touch the Pope's boner, Fri 29 May 2009, 10:55, Reply)

Oh dear god!
Don't ask InternetLawyerMan.

I've met him. He's mental.
( thealternativefact, Fri 29 May 2009, 10:56, Reply)

spikeypickle
Buys handsets, but might have a clue.

Drop him a GAZ
( Agnostic Antichrist Baltimora, Fri 29 May 2009, 10:51, Reply)

He does
I do, but tend not to get to involved with contracts although I can confirm that you are within your rights to cancel based on Section 7.2.3.2. However, expect a few arguments from the Network Provider and it is also highly likely that they will insist on the return of the handset, or payment based on its current retail value.

Asking for the return of the handset is a bit of a rarity as common sense dictates that it will not be in the same condition that it was recieved in (new), but when they do (often 3rd party suppliers)they will then use a company like the one I work for to recuperate costs.

*nods head, feels a bit clever*
( SpikeyPickle wishes he was mabazaritchie, Fri 29 May 2009, 11:15, Reply)

*squeals*
Ooh, that's nice :)
(Flid James carry on, mongs, Fri 29 May 2009, 11:18, Reply)

I should also mention
That they may also ask that you pay for the remainder of your contract (or a minimum of 70% depending on how long is left and how long you have been with the network for) which is a bit cuntish. T-Mobile operate on that basis but not sure about other networks.
( SpikeyPickle wishes he was mabazaritchie, Fri 29 May 2009, 11:21, Reply)

Clickied!
*giggles*
(Ethelred is watching cheese grow, Fri 29 May 2009, 11:24, Reply)

I feel all professional now :0)

( SpikeyPickle wishes he was mabazaritchie, Fri 29 May 2009, 11:27, Reply)

I know!
It's baby_kitten. She works for Vodafone.
( K2k6 has a proper job these days, Fri 29 May 2009, 11:34, Reply)

aha
You are quite right.

You good sir, win 5 internet points.
(b3tamax Mate, you're fat and I'll throw you in the river, Fri 29 May 2009, 11:39, Reply)

Ah, thank you
*deposits internet points in internet bank*

*immediately observes internet bank going bust*

Bugger.
( K2k6 has a proper job these days, Fri 29 May 2009, 12:15, Reply)

what you need is some LEGAL ADVICE....
*anticipates*
(TheColonel, Fri 29 May 2009, 11:40, Reply)