Is it true no matter what that you have to still pay for a mobile phone that you havent got as it was stolen & because you signed a 18 month contract. I purchased a mobile phone on contract about 2 yrs ago with 3. I had it for about 5 months & it got stolen, I reported it to the police & got a Crime reference number. I rang 3, explained what had happend & gave them the crime reference number & told them to cancel the mobile phone. 3 months later I received letters from 3 saying that I owed a large amount of money & if I didnt pay It would be sent to a debt collecting company. I rang then to ask what the large amount of money they said I owed was for & they told me for calls & line rental upto the remainder of the contract. I told them I was not going to pay for something that got stolen & that had been cancelled. Im still receiving threating letter saying they are going to take me to court if I dont pay the rest of the remainder of the contract.
2007-09-20 13:09:11 · 12 answers · asked by tracey474328 2 in Politics & Government ➔ Law & Ethics
If mobile companys explained the contracts better then I dont think a lot of people would have contract phones. Why should you pay for the remainder of the contract which is for the line rental. How can you pay for Line rental when you havent even got the phone anymore so how can there be line rental. I think its stupid
2007-09-20 13:25:05 · update #1
yes you are....you will pay a penalty for leaving early!
2007-09-20 13:13:42 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1
2017-01-21 18:01:48 · answer #2 · answered by jackson 4 · 0⤊ 0⤋
If the terms of the written contract are not clear, then no, you have no written contract. Both parties to a contract must have what is called a "meeting of the minds", or an understanding and agreement to the terms of the contract. Here, it sounds like neither party can even read what was signed. A judge in this instance may strike just the part of the contract that is illegible, or invalidate the entire contract. Keep in mind, however, that even if you have no written contract, you may still have a verbal contract or understanding with the cell phone company; for instance, the company gave you a phone and service--there is an understanding that you are expected to pay your bill on time each month for such service. So if you're trying to get out of the contract, whether or not you are liable depends on what sort of responsibility you are trying to avoid. Good luck!
2016-05-19 21:23:41 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Usually if your phone is stolen - you report it to the police and file a police report. You also report it to the phone company. They will deactivate that specific phone so it can not be used. The mobile phone contract does require that you file the police report.
You then purchase a replacement phone from the same company and activate it to fulfill the remainder of your contract. If you purchased the insurance on the stolen phone from the phone company - you may be able to get a replacement phone more cheaply.
Having your phone stolen is usually not a reason to get out of the contract so that you can take your business elsewhere. Otherwise, everyone that decided they wanted a new phone with a different company would report their phones stolen rather than pay the 200 fee to brake the contract.
2007-09-20 13:37:39 · answer #4 · answered by Boots 7 · 3⤊ 0⤋
If you sign a contract, unless stated otherwise then you are bound by that contract. That's the whole point of a contract.
Why would you want to cancel the contract because you had the handset stolen? You should buy another handset. If you did not have any insurance on it then that's your mistake, not the provider.
You are liable and that's it.
{EDIT} By the way. I think you are lying about them charging you for calls during this time! You reported it stolen to them. Surely, you told them to block the phone. No one can be that dumb??? Or were you just so arrogant that you said "I lost it, I don’t want it anymore. Not my problem". If yes, then you deserve everything you get for being a ****!
{EDIT} Then replace the handset dummy. It’s your responsibility, not theirs. If you don’t have insurance then you have to pay for a new one. Then you have a phone again on the same contract.
{EDIT} joe.momma4000 - LOL - Not a chance my son. There is no way this is 'unfair terms'. I think you need to do some more studying.
2007-09-20 13:19:53 · answer #5 · answered by Jack 3 · 4⤊ 0⤋
Only thing I ever let myself get bound to is the headboard when my bf is really feeling naughty.
Anyway, if they were a decent company the first thing they would do is put a bar on calls from that number, they are legally obliged to do that. You still however owe the line rental. If you can prove you advised them to put a bar on the phone because it was stolen you do not have to pay for any calls from that date.
Also a decent company would come up with some kind of deal to get you a new phone as cheaply as possible and assign you a new number on your existing contract. After all, that is what they want most, is you as a subscriber using your phone. That is their business.
If I was you, I'd tell them to take you to court. Have details of the date and time you advised them of the theft, what they said, and let the judge decide. They are not responsible for you having lost the phone, so the line rental is still due. However they are responsible for allowing the phone to be used after you advised them of the theft.
Hope that helps. Also from now on, no telephone conversations with them, everything in writing. Keep copies. And go Pay as you go. Unless it's a business phone, do not have a contract.
2007-09-20 13:23:11 · answer #6 · answered by Anonymous · 0⤊ 2⤋
A contract is a binding agreement between two or more persons that is enforceable by law. You made it by agreeing to it. You contracted to pay the charges for 18 months. If you didn't understand it, why sign it?
It's common for people to want to leave their contract, report their phone as stolen and go elsewhere. That's why the service providers insist, as they are perfectly entitled to, that you fulfil your part of that contract.
Why didn't you get a replacement phone and carry on?
2007-09-20 21:49:49 · answer #7 · answered by champer 7 · 0⤊ 0⤋
Why don't they give you a new phone to replace the stolen one? did you have insurance? you agreed to pay the contract cost for 18 months and they agreed to provide you a service. get a new phone connected to your account and you are sorted. don't pay for the calls; they were aware that your phone was stolen cause you told them so any calls after that time are their responsibility. Don't let it get to bailiffs it will cost you so much more...
2007-09-20 21:28:33 · answer #8 · answered by moggle 2 · 0⤊ 0⤋
Yes normally its like a two yr contract and if you cancel than you pay hundreds of $$$$ thats how they give you good rates on new phones.
2007-09-20 13:17:06 · answer #9 · answered by lisa c 2 · 0⤊ 0⤋
Of course you are - same as any other contract.
The contract you signed would've gone like this -
"We supply you with a phone and connect you to our network for 18 months. You pay us money".
They did their bit - now you have to do yours.
2007-09-20 13:21:34 · answer #10 · answered by Anonymous · 2⤊ 0⤋
This damn website doesn't say where you are in the world! If you are in the UK, I WILL help you!
I've been studying so much law relating to these subjects that I've found everything from a secret way to reclaim bank-charges, to ways to 'delete' debt's (if you live on benefits), without even touching your credit rating/history! I'm even working on killing the TV liscense! May be a month or two, as the TV liscencing people are taking time responding to my data requests.
Anyway, It seems that under the Unfair Terms in Consumer Contract Regulations 1999 will exempt you from this bill, but I'll need to study it to find out.
Contact me on joe.momma400@gmail.com if you would like me to check.
2007-09-20 13:44:48 · answer #11 · answered by Anonymous · 0⤊ 4⤋