Non-motoring > Mobile phone contract law Miscellaneous
Thread Author: RattleandSmoke Replies: 63

 Mobile phone contract law - RattleandSmoke
I dropped my personal phone in London in October cracking the screen, the repair is a very very tricky job as it requires a complete strip down and I can only get the parts from China so I have no idea how a new screen will compare to the original. I am currently tied into a SIM only contract so I cannot go else where and get an upgrade for my phone.

I will simplify this the full story is a bit more complicated but I don't need to go into it all. The upshot is I have a sim only contract which the sales person pushed me to sign up for a 12 month contract on. I am currently 3 months into the contract and to release me from it they insist I have to pay of the remainder (I think £16 a month) in full for the next 9 months which is £144. If I cancelled it now, they won't be providing me with a service for the next 9 months so I think that cost is unfair and excessive.

I will stress again the deal did not include a phone, it is a sim only. Is there anything in law in which I can argue the terms and conditions are unfair and that they cannot charge me the full cost of cancelling? If I cancelled my car insurance now for example I would not have to pay the entire thing in one go.

They will allow me to upgrade, but as the phones are locked it is no use to me as I will be using this phone with a different contract (my personal one).

Any suggestions or ideas?
 Mobile phone contract law - RattleandSmoke
It seems I am stuck with it, unless they increase their prices then I have a legal right to exit the contract. I may just have to keep the phone working a bit longer with a lot more sellotape and exist the contract in the new year.

I can completely understand having to keep to the end of the contract if they supplied me a phone, and I get they would loose money on the rest of the contract if I cancelled now, but it seems unfair they want me to pay the the FULL fee for doing nothing. Surely a £50 termination fee would be fairer?

 Mobile phone contract law - Lygonos
Phone not covered by home insurance?

As for the contract - you signed it, dude.
 Mobile phone contract law - RattleandSmoke
A contract still has to be fair though, hence the PPI scandle. I am sure many people have signed contracts for cars that say "sold as seen" which legally mean nothing at all. Phone isn't worth a great deal was only £250 new and is several months old now so not worth claiming on the house insurance.

I will just put it down to experience, and never ever let a sales person push me into anything again and will switch to another service provider as soon as the contract ends.
 Mobile phone contract law - CGNorwich
No a contract does not have to be "fair" whatever that may mean. As long as there was no deception and the terms of the contract were clearly laid out then it's binding.
 Mobile phone contract law - mikeyb
I see your point regarding an early exit because you are not receiving the service, in fact I thought one of the networks I've cancelled with before offered that by giving some kind of pro rata charge based on the months remaining.

I dont think you will have much chance of getting out early though - most networks now have the price hikes written into the contract so its now a material part of your agreement rather than an enforced change
 Mobile phone contract law - spamcan61
>> I see your point regarding an early exit because you are not receiving the service,
>> in fact I thought one of the networks I've cancelled with before offered that by
>> giving some kind of pro rata charge based on the months remaining.
>>
It was a SIM only deal, the SIM still works, why would they be inclined to allow early cancellation? Stick the SIM in a different phone and get on with life.
 Mobile phone contract law - Bromptonaut
On the whole I'd say separating the phone from the SIM contract is an eminently sensible way to proceed. Mrs B and I both have EE SIM deals and Motorola android smart phones purchased outright for £100-£150.

As for your deal a contract is a contract. Short term/PAYG deals cost more per month than long term signings In other words if you'd wanted the same minutes/text/data but on 30 day notice you could have had it but for £n quid a month more than a 12/18/24 month deal.

What sort of phone is (a) broken an (b) what you want as replacement?
Last edited by: Bromptonaut on Mon 17 Oct 16 at 21:24
 Mobile phone contract law - RattleandSmoke
It is one of these, www.gsmarena.com/huawei_honor_7-7269.php based on the P8.

The strip down is very fiddly although I have similar experience with laptops I tend to outsorce the trickier laptop strip down jobs. The phone of course is even more fiddly than that.

Brompton I get how it works, I am just annoyed with myself for telling myself be talked into it, as I went in just wanting a month by month contract. Now I realise they must get a lot of commission for locking people into sim only contracts!

I basically have two options, buy a new phone with cash or try and repair it myself and risk a dodgy part from China of dubious quality.
 Mobile phone contract law - mikeyb
Mrs B broke 2 Sony Xperia Z3's last year in quick succession, so I picked her up a cheap Chinese thing on Amazon a CUBOT X12

I have to say, its not a bad phone, and 12 months later its still doing everything it should.

One other nice touch is that the Chinese phones are often dual SIM so you can run a personal and business number together in one handset
 Mobile phone contract law - RattleandSmoke
I just doubt the build quality on them now, mine is dual sim too but I still like separate phones as a backup.

I have dropped my Samsung's and they never smashed like this, it may just have been the angle it smashed it, but even so it does put me off. I also had to get the USB port replaced after just 6 months again never had that issue on my other phones. My S1 is my business phone is 6.5 years old and still going strong although it could do with its third battery by now.

I do use a lot of business functions on the phone (taking card payments, WIFI analysis etc) so it does need to be high spec in terms of RAM and processing power anything else is just a nice extra.
Last edited by: RattleandSmoke on Mon 17 Oct 16 at 21:46
 Mobile phone contract law - mikeyb
>> I just doubt the build quality on them now, mine is dual sim too but
>> I still like separate phones as a backup.

I was dubious about the build quality of the cubot , but its lasted over a year with the Mrs, been dropped countless times, and chucked about by the kids (who mock it for not being an iPhone). It does have a slightly cheap feel to it, but it was about sixty quid
 Mobile phone contract law - MD
Hi Rats. You do seem to walk into problems if I may say so. Just spend a little more time in future taking things in and don't rush into a 'deal'. Ask on here first. There's plenty of folk to guide you and I am fairly sure they won't mind. Nor would I, but others may have better knowledge. Good luck. MD.
 Mobile phone contract law - zippy
Got my youngest (18 but has lost the sense that he had last year) a Motorola G4. Big screen, reasonable battery (though it takes an age to charge) and quite fast.

He wanted a Galaxy 7 but that is £600 and the Motorola was £135 (though that was with a discount deal at Tesco).

It was unlocked which meant that we could get any sim and almost cheap enough not to be worried if he breaks or loses it so I would recommend it as a replacement.

 Mobile phone contract law - rtj70
I am on a SIM only contract with Vodafone. It's a 12 month type contract. I get that I am locked in but I also get a lot for the £19.20 I pay - 12GB UK data, 4GB EU roaming data, unlimited calls, unlimited data and Spotify Premium for 12 months.

The 30 day SIM only contracts are nowhere near as good. And before the 12 months have been up on the contact I've changed it twice. Once to reduce the cost and get EU roaming and more recently the deal I'm now on for £3/month more.

Would I go for a phone cost included instead of SIM only? No. Over the contract term you pay at least the same for the phone and it's locked to a network.

So Rattle, maybe just bite the bullet and buy a new cheapish phone instead of risking the repair? The Honor 7 is only about £230 isn't it?
 Mobile phone contract law - mikeyb

>> Would I go for a phone cost included instead of SIM only? No. Over the
>> contract term you pay at least the same for the phone and it's locked to
>> a network.

Not always locked - carphone warehouse supplied phones are not locked. I had a problem a few years ago with a new phone from them - when it the store the chap put his own SIM in my phone, but from a different network. When I questioned him he told me CPW dont lock their phones so they can carry less stock but still supply you any any handset on any network although not sure if that applies to iPhone
 Mobile phone contract law - RattleandSmoke
I believe the ones from Three are not locked either :) Most are though. Carephone warehouse has gone down the pan since it was taken over by Dixons I have found :(
 Mobile phone contract law - mikeyb
>> I believe the ones from Three are not locked either :) Most are though. Carephone
>> warehouse has gone down the pan since it was taken over by Dixons I have
>> found :(
>>

Yep, I wont deal with CPW now as I have a no DSG policy since they ripped me off over a dishwasher!
 Mobile phone contract law - RattleandSmoke
Was around £250 but probably fallen in price now, it is an old model. I will probably get something different but similar spec, I don't want anything too expensive/flash but it does need to be powerful. I may research what is in the £250 bracket now.

Decent battery life is very important and that was the main reason I went for the Honor due to its large battery.

5G wifi is also essential as I use it for diagnostics if I don't have my laptop on me.
 Mobile phone contract law - R.P.
www.amazon.co.uk/Wileyfox-Swift-Dual-SIM-Free-Smartphone/dp/B014UUQUAO/ref=sr_1_1?s=telephone&ie=UTF8&qid=1476739187&sr=1-1-spons&keywords=wileyfox+swift&psc=1


Get one of these. Does a lot with a dual SIM. Got one as a back up in the 'van.
 Mobile phone contract law - rtj70
>> it does need to be powerful.

Define powerful. A lot of Android phones have needlessly gone down the 8 core CPU route as a bragging right. Depending on implementation that might mean big.LITTLE in ARM terms with either set of quad cores running. Some SoC implementations might allow all 8 at once.

Why does that matter? Not all cores are equal even in the ARM implementations. Most implementations take the off the shelf ARM designs like A53, A57 etc. Apple caught the big ARM players off-guard when they went 64-bit so Snapdragon brought out ARM based designs. Apple's ARM v9 implementation was custom as are the latest Snapdragon's.

If you look at benchmarks the Apple 64-bit A9 and A10 do really well with far fewer cores. And more cores only help for multi-threaded tasks anyway.

You could end up with more lower performing cores which isn't necessarily faster/more powerful.

Some recent Android phones have also hit a silly issue with cache sizes too (Samsung's Exynos 8890 processor, which powers the Note 7 and the Galaxy S7 and S7 Edge) with apps built with Mono. Not as big a problem as exploding mind! :-)

>> Decent battery life is very important and that was the main reason I went for the Honor d

Or go for something supporting quick charging. Or allowing replaceable batteries.


>> 5G wifi is also essential as I use it for diagnostics if I don't have my laptop on me.

Only of use surely if the access point and PC/laptop offer WiFi on the 5GHz frequency surely.
Last edited by: rtj70 on Tue 18 Oct 16 at 00:43
 Mobile phone contract law - MD
So is an iPhone 5s
 Mobile phone contract law - MD
GifGaf GifGaf GifGaf GifGaf. Ya cannot beat it in my book.
 Mobile phone contract law - rtj70
>> GifGaf GifGaf GifGaf GifGaf. Ya cannot beat it in my book.
>>
But Rattle already has a SIM only contract he's legally bound to. He needs a new phone or his fixing.

GifGaf cannot be better for coverage or availability than O2. It is O2. It's just cheaper and has different support.
Last edited by: rtj70 on Tue 18 Oct 16 at 00:46
 Mobile phone contract law - CGNorwich
Isn't the easy answer just to get the phone repaired? £109 for a new screen to be fitted
Costly perhaps but hardly the end of the world. Drama over
 Mobile phone contract law - Bobby
>>Would I go for a phone cost included instead of SIM only? No. Over the contract term you pay at least the same for the phone and it's locked to a network.

If memory serves me right, my Iphone 6 cost something like £600 when new but I have it on a 24 month contract with EE at £32 per month which means it is costing something like £7 a month for unlimited calls, texts and 2gb data.

I usually take a 3rd year SIM only with any of my phones but then its on to a new contract and new phone for the next year.

And most providers allow you to unlock your phone towards the end of your contract.
 Mobile phone contract law - Pat
I've been with Vodafone for around 12 years and had a number of different phones from them.

Not one of them has been locked to any network.

Pat
 Mobile phone contract law - Bobby
Yeah the Nokia 3210s are good for that feature Pat......
 Mobile phone contract law - Duncan
>> Yeah the Nokia 3210s are good for that feature Pat......
>>

en.wikipedia.org/wiki/Nokia_3210
 Mobile phone contract law - Pat
So is my Galaxy S6, also unlocked from Vodafone, as well as all phones since my Nokia 3210s.

Pat
 Mobile phone contract law - rtj70
So your Galaxy S6 doesn't support WiFi calling then Pat? Because only the ones provided by Vodafone with the Vodafone version of firmware will have this feature enabled. Or you can root it and edit the relevant XML file to enable it yourself of course. But that invalidates the warranty.

Of course if you got your 'Vodafone' SGS6 like me from Carphone Warehouse, it will be unlocked and using the international firmware. And won't support WiFi calling without rooting it or installing the Vodafone firmware. But it is not locked to any network.
Last edited by: rtj70 on Tue 18 Oct 16 at 12:12
 Mobile phone contract law - Pat
>>So your Galaxy S6 doesn't support WiFi calling then Pat?<<

I haven't a clue. I have a perfectly good landline and the Galaxy on my desk which gives me all the calling capacity I need.

My phone was supplied directly from Vodafone via the postman.

Pat
 Mobile phone contract law - Mapmaker

>>If memory serves me right, my Iphone 6 cost something like £600 when new but I have it
>>on a 24 month contract with EE at £32 per month which means it is costing something like
>>£7 a month for unlimited calls, texts and 2gb data.

My iPhone 6S on EE similarly. I had expected to buy myself a phone from John Lewis, but was astonished how much better value a contract would be.
 Mobile phone contract law - CGNorwich
I make that £9 per month and you are ignoring the fact thst if you bought the phone outright it still has value after two years
 Mobile phone contract law - Falkirk Bairn
Nip into CEX & buy a 2nd hand i-phone.

They warrant their 2nd hand phones.
 Mobile phone contract law - VxFan
>> Nip into CEX

One thing that puts me off that shop:-
The presentation of items being sold. Finger and thumb prints all over the screens of the tablets and phones. They look a right mess. It's not as if Joe Public can just pick them up to look at. It's down to the staff to pick them off the shelf and hand over to you to have a better look. Surely a quick wipe with a duster before placing them back on the shelf wouldn't got a miss?
You wouldn't sell a 2nd hand car looking grubby, and expect top dollar for it.

ok, every shop might not be like it, but the one local to me is. There is another similar shop nearby and CEX could learn a lot from them, regarding presentation of goods being sold.
Last edited by: VxFan on Tue 18 Oct 16 at 10:48
 Mobile phone contract law - Falkirk Bairn
A son handed into CEX a collection of DVDs, games etc etc that were past his use ~£150 in total.

Bought latest i-pad still in original shrink wrap @ £100 0FF the street price.

Happy to clear the cupboard & save some cash on a new purchase as well.

Buying 2nd hand is not always a "nasty experience" - mind you you might not want to stand near some of the customers.

The staff are good, definitely switched on - know the products & can give advice - unlike yout local Currys/Carphonewarehouse IMHO.
 Mobile phone contract law - Bromptonaut
>> Nip into CEX & buy a 2nd hand i-phone.

Good for those who want to replace older/non smart phones like/like too. Sorted me when I lost my Sony Ericsson K800 in Paris.
 Mobile phone contract law - Mapmaker
>> I make that £9 per month and you are ignoring the fact thst if you
>> bought the phone outright it still has value after two years

Yes, indeed. Probably worth £250 at the end of two years. Which means the telephone calls etc. have cost Bobby - and me - nothing.
 Mobile phone contract law - BrianByPass

>> And most providers allow you to unlock your phone towards the end of your contract.
>>

free unlocking applies to ALL now, not just "most"
www.which.co.uk/campaigns/mobile-phone-deals/charges-unlocking-mobiles-switching/
 Mobile phone contract law - diddy1234
MikeyB, I have a Cubot H1 and it's a brilliant phone.
Had it almost a year and it still performs great.

Mind you, here in the UK and Europe we have a dim view of Chinese phones yet their market is as big as America and Europe combined !

The last few years the Chinese phone's have gone from strength to strength. No longer do they just copy phone, they actually design their own decent phones
 Mobile phone contract law - diddy1234
RattleandSmoke, The Cubot H1 may be the ticket for you as it has a huge 5,500mah battery that last's two full days of heavy usage or 5 days little usage.

The only thing that is not clear from the specs is if it has 5Ghz wifi

I brought mine from Amazon and had no issues. it even charges other usb devices !
 Mobile phone contract law - Falkirk Bairn
>>The last few years the Chinese phone's have gone from strength to strength.

I read an article on the Mobile Phone market looking ahead 5+ years

Their thoughts were that the Market leaders would be
Samsung by volume & Apple by Revenues.

The Microsoft / LG / Sony / Panasonic /Alcatel / Lenovo would in their opinion would end up very small producers or have withdrawn from the market to be replaced by 4/5 current Chinese producers, who, have currently little or no presence outside China and some other FE markets.

The only name I recognized was Huawei - Huawei and Xiaomi, Oppo saw strong growth in China
stealing market share from all the brands "we know of"
 Mobile phone contract law - rtj70
Microsoft already have a small percentage of the market. LG have a good phablet with removable battery and yet do not sell it in Europe to mop up Note 7 customers.
 Mobile phone contract law - diddy1234
When Apple were bragging about selling 3 million iPhone 6 in the first week, Xiaomi sold 2.4 million in 24 hours !

gadgets.ndtv.com/mobiles/news/xiaomi-sets-guinness-world-record-selling-211-million-phones-in-12-hours-679736
 Mobile phone contract law - rtj70
Samsung will be glad they didn't sell more Note 7's.

But your link says 2.11 million.... do you work for Trump?
Last edited by: rtj70 on Tue 18 Oct 16 at 20:16
 Mobile phone contract law - diddy1234
dam. how did you guess ?
 Mobile phone contract law - rtj70
Because you couldn't even spell damn? Trump's pretty stupid but I didn't say you were.

So if Trump now wins.... he agrees the election was rigged. Smart.
 Mobile phone contract law - diddy1234
I try to ignore the American presidential stuff.
Although it may indirectly affect us here in the UK, there isn't anything we can do about it
it's not like we are voting so why do the news channels insist on covering it ?
 Mobile phone contract law - CGNorwich
Surely that"s a bit of a parochial outlook. I rather think that whoever becomes the President of the United States is definitely going to affect us here in the U.K. The fact that the next President might be a deranged narcissist is surely worthy of more than passing interest.
 Mobile phone contract law - Manatee
>> The fact that the next President might be a deranged narcissist is surely worthy of
>> more than passing interest.

Or it might be Trump.
 Mobile phone contract law - CGNorwich
Is the other one running then?
 Mobile phone contract law - diddy1234
yes but what can you or I do about it. nothing
 Mobile phone contract law - Mapmaker
>> yes but what can you or I do about it. nothing

Quite. So whilst the eventual result is of interest, and the fact that both contenders are nutters is of interest, the endless details about the process are little more than gossip.
 Mobile phone contract law - Falkirk Bairn
Whoever gets in the Senate/Congress will conspire,as usual to block anything & everything.

Flicked through the channels yesterday & came across a snippet of "Yes Minister" - Prime Minister feeling powerless to do anything - Education, housing, Trade, Law & Order - Top man in the UK & could do little..............30 years on the same topics & little has been done as they are still problems for the current government.

A son, who is in Texas, is of the opinion that people in the UK do not know how well off they really are.

He is 2 years out there, a new job this month with the same company............he lives well, really well, but huge areas of people in his part of Texas are struggling - low wages, unemployment, poor housing, NO HEALTH care unless you can pay, no local public transport, schooling & guns (not school use of pea shooters as in my day).......

In the UK there is a safety net that works for many in most cases but in the US the safety net does not seem to exist for the many.
 Mobile phone contract law - Fursty Ferret
Can't you eBay around for an el-cheapo Android phone that comes unlocked? Loads of Chinese ones out there.

eBay search "Android Marshmallow" throws up hundreds of results for less than £100, all pretty modern. And if you spend so much on a phone that you can't afford to replace it if it breaks or gets nicked, insure it.

I'm SIM only but fully accept that I'm tied in for 12 months. The 12-month minimum contract term brings with it the benefit of a cheaper deal, which you must have been aware of when you signed up.

The argument of "if I cancel I have to pay for a service I won't receive" doesn't wash, because you could continue to pay and get the service. If you wanted to take the number elsewhere then you'd have a bit of a faff, but it'd be doable.

Interestingly that might be a way out. Tell them you need to change the number (you're scared of sevens or something); their system might refuse to do it without cancelling down the contract.
 Mobile phone contract law - sherlock47
How many cases of Heptaphobia have you diagnosed recently? Being that you are up there I would have thought it was more likely endemic chrometophobia that reduced the Apple turnover?


Iphone to sweet desert in one jump Must be the best thread drift for a long time:)


Can you have a mobile without the number 7 in the UK anymore? The answer is to prescribe a trip to France - where mobiles start 06 ( or 0033 6....).
 Mobile phone contract law - Duncan
>> Interestingly that might be a way out. Tell them you need to change the number
>> (you're scared of sevens or something); their system might refuse to do it without cancelling
>> down the contract.

What, tell lies, you mean?
 Mobile phone contract law - BrianByPass
>> What, tell lies, you mean?
>>

No, Fursty would never ever do that.
 Mobile phone contract law - Fursty Ferret
>> What, tell lies, you mean?


Not me that has to bend the truth. Besides, doesn't have to be a seven.

Totally off topic, need a new phone. OnePlus 3 looks great or would you hold out for the Pixel? Buying off contract.
Last edited by: VxFan on Sat 22 Oct 16 at 21:03
 Mobile phone contract law - BrianByPass
>> So if Trump now wins.... he agrees the election was rigged. Smart.
>>

Yes, he can then claim his majority would have been even bigger without the rigging.

How did this thread drift in to US presidential race?

I'll mention Hitler just to bring in Godwin's law.
Last edited by: BrianByPass on Thu 20 Oct 16 at 11:49
 Mobile phone contract law - CGNorwich
Godwin's law.

Was that Godwin, Earl of Essex and father of Harold Godwinson who ended up with a Norman arrow in his eye.

Can we now talk Anglo Saxon History?

Wrong Godwin?
 Mobile phone contract law - Duncan
>> Wrong Godwin?

I think that's the wrong Godwin.

en.wikipedia.org/wiki/Mike_Godwin
Last edited by: VxFan on Fri 21 Oct 16 at 02:01
 Mobile phone contract law - busbee
BACK TO being about PHONES

Rattle: Is this Cubot phone of interest for £68? !

4aH replaceable battery, HD. Cortex A7 Quad-Core processor. Pre-installed Android 5.1 O.S. lollipop.

I don't know if it meets your requirements, but it looks impressive to me.
Has excellent reviews.

www.amazon.co.uk/Unlocked-Smartphone-Android-Cellphone-SIM-Free-White/dp/B01C5HIW3M/ref=pd_lpo_23_tr_t_3/254-9004223-1211315?ie=UTF8&psc=1&refRID=X6JNNSM39WZCZ24B155Y

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