Oh I wish my phone company was in breach of contract?

Question

I have a contract mobile phone. Trouble is, the reception is rubbish in my area. I signed the contact agreeing to pay bills, and other stuff. Surely, by entering into a contractual agreement, the phone company are oblidged to provide an acceptable service in return for payment? So, as their coverage is not sufficient in my area (East London), surely they are in breach of contract?!

I know this is probably wishful thinking, but wouldn't it be great if that was true!!! Is there any truth in this? Do consumers threaten to sue companies for breach of contract?

Answer 1

There is probably not a breach of contract as such, but it is certainly arguable that the contract is a nulity because of mistake as to quality, that is to say, that the subject matter of the contract may be sufficiently fundamental to avoid a contract. The courts are, however, extremely reluctant to conclude that a mistake as to quality renders a contract void.

However, thinking laterally, there may be another solution. The Sale of Goods Act 1979 says that goods must be of satisfactory quality. This means the goods must be fit for their purpose and meet the standards that any reasonable person would expect. A mobile telephone that is not capable of receiving a signal is not fit for the purpose for which it was intended; namely to make telehone calls.

The store that sold the telephone must act competently and know, or be presumed to know, what the signal strength in their area. It seems to me that the strore knowingly, or wilfully, made representations as to the quality of or the purpose of the telephone. You may have a claim under the Sale of Goods Act and/or for misrepresentation.

Answer 2

Some years ago I was in the same situation with one2one, now known as T Mobile. The reception in my area was terrible, but I left it too long to complain and they pointed out I had a 14 day cooling off period in which I could return my phone and cancel my contract, but the 14 days had expired. As I understand it all phones are sold with this cooling of period, and thats the only way you can get out of your contract, so if you've had the phone more than 2 weeks, i'm afraid you're stuck with it for the remainder of the contract.

Answer 3

If you can not use your mobile phone within your home then you can cancel it and the companies are obligated to allow you to terminate your contract. They DO have a responsibility to provide a service.

There may however be a time period from the start of your contract during which you can cancel.

The best thing to do is phone them (if you can get a signal) and ask, if they say no then demand to speak to a manager and shout at them and threaten OFTEL and Watchdog and national press etc. also e-mail and write to them, keep bugging them and they will eventually release you.

Don't let them win. Consumer power.

Answer 4

I do not know English law on this matter, but if the company had claimed to have service in your area and you have sub-standard service, you may have a claim against them.

Call the company and discuss it with them first. If the person answering does not give you reasonable answers, ask for a supervisor. Tell them you contracted for service and you are not receiving that service.

If you have news reporters there who are consumer advocates, you can contact them to help you with the problem. Companies hate getting bad press. Good luck.

Answer 5

See if there is a phone upgrade that will give you better reception. That worked for me. I was not happy with having to shell out more money, but it kept me from throwing the phone across the room every 10 minutes in a fit of rage.

Answer 6

I went onto contract last week and before i got the phone my phone company did a reception check for my area.
you should have up to 14 days from when you get the phone to send it back if you change your mind for any reason

Answer 7

confident it called the "Soldier's and Sailor's act" you are able to cancel your cellular telephone plan on condition that your place of accountability is exterior the cellular telephone insurance section. If this is not attempt telling them your being deployed cus allot of cases they're going to take your notice for it and droop the account. you will get your deposit after your cellular telephone settlement ends till they wanna provide it to you precise there which I doubt they're going to because cellular telephone corporation's are pricks. Your well being midsection club could be can celled to and you will desire to get a credit in case you have prepaid. carry your orders in and tell them your be stationed someplace else and that they might desire to supply you your money back yet to be stunned in the event that they look clueless on the topic of the warriors and sailors act basically insist this is federal regulation that mandates it.