Get your O2 iPhone contract cancelled?

jerryjal

Well-known Member
I'm gonna try this tommorow , have to research onto it a bit so I know what to say. If anyone else has any success let me know. I remember when I did this with my orange contract when they changed there terms and conditions I cancelled my contract 6 months in.
 

Stockpile Thomas

Distinguished Member
It sounds a bit like those adverts promising to cancel your credit card debts on some technicality right enough.

I'd say proceed with caution. You might even get the contract cancelled but find yourself credit blacklisted or something.

If you've signed up to a contract you should really see it through TBH.

RDB
 

Brem

Active Member
I'm confused, I don't understand what it is they are changing. Is it bad enough that I should try and get out of my contract? Or is it an insignificant change?
 

Trune

Active Member
i got out of my contract about 3 years ago with a terms and conditions change which didnt actually effect me. ended up that i got an N95 for free when it was worth about 300 quid.

tho there was a huge mess up with it, o2 ended up getting a credit chasing firm trying to chase me for the £2.88 refund that o2 owed me? lol... but thats another story.
 

New Start Neil

Distinguished Member
It sounds a bit like those adverts promising to cancel your credit card debts on some technicality right enough.

I'd say proceed with caution. You might even get the contract cancelled but find yourself credit blacklisted or something.

If you've signed up to a contract you should really see it through TBH.

RDB

I think you've misunderstood.

Although you are in a contract, you are only contracted to honour those terms.

They are legally allowed to change those terms, but by the same token they then are not the terms you signed up and agreed to, so you are then allowed to leave your "contract" with the provider as it technically no longer exists.
 

tjradiohead

Active Member
It sounds a bit like those adverts promising to cancel your credit card debts on some technicality right enough.

I'd say proceed with caution. You might even get the contract cancelled but find yourself credit blacklisted or something.

If you've signed up to a contract you should really see it through TBH.

RDB

Im confused.

How on earth could they get you blacklisted when they are forced to cancel a contract because THEY changed the terms and conditions? they CANT.

If I have signed up to a contract I expect it to be the same and the network not be allowed to move the goalposts along the way, thats why its a contract. If i suddenly went to o2 and said I want to pay 20p per minute instead of 30p per minute, I would be rightfully told where to go.
 

oregano76

Active Member
This looks like an Ireland only thing - the prices are listed in cents. Unless someone can find the corresponding UK page.
 

Steven

Senior Moderator
This is the danger of reading things on the internet so I'm just going to explain the general position of contract law as it has stood for a few centuries. This absolutely is not intended to apply in any specific case or on the link provided above

Clauses within a contract will be either a warranty or a condition. A warranty is a minor clause of the contract. Breach or change of warranty entitles the other party to potential damages or other remedy only. A condition goes to the heart of the contract. Breach or change of a condition entitles the other party to a further remedy of rescission of the contract

Before anyone gets a full head of steam one has to be aware that wrongful termination of a contract will entitle the other party to demand full and immediate payment of any outstanding amount due on the remainder of the contract

LFC_SL
 

Stockpile Thomas

Distinguished Member
I think you've misunderstood.

Although you are in a contract, you are only contracted to honour those terms.

They are legally allowed to change those terms, but by the same token they then are not the terms you signed up and agreed to, so you are then allowed to leave your "contract" with the provider as it technically no longer exists.

I didn't misunderstand. That's what I meant about getting out on a technicality.
Im confused.

How on earth could they get you blacklisted when they are forced to cancel a contract because THEY changed the terms and conditions? they CANT.

If I have signed up to a contract I expect it to be the same and the network not be allowed to move the goalposts along the way, thats why its a contract. If i suddenly went to o2 and said I want to pay 20p per minute instead of 30p per minute, I would be rightfully told where to go.

Companies offering any kind of credit terms can easily blacklist you if you cross them, then it's up to you to put things right.


I'm not trying to start an argument or disagree with anyone here, just a friendly word of advice to proceed with caution if you go down that route,

RDB
 

New Start Neil

Distinguished Member
I didn't misunderstand. That's what I meant about getting out on a technicality.

Companies offering any kind of credit terms can easily blacklist you if you cross them, then it's up to you to put things right.


I'm not trying to start an argument or disagree with anyone here, just a friendly word of advice to proceed with caution if you go down that route,

RDB

But you don't "cross" anyone if you exercise your right to leave as that is also a part of the contract that you agree to, so it's not a technicality-it's a legal right and no mobile provider would get away with pursuing you.

In actual fact, they can't pursue you as they have to release you in the first place.

I know you're not trying to start an argument here BTW. :thumbsup:
 
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Stockpile Thomas

Distinguished Member
I know you're not trying to start an argument here BTW. :thumbsup:

No probs :thumbsup:

I won't say any more on this thread as I'll just go round in circles. Good luck to those proceeding down this route :smashin:
 

Saxo Appeal

Distinguished Member
So my lass and I took out upgrades with o2 about 3 weeks ago, If I state the above about them changing their terms and conditions
could I get out of the 2 year contract as the phones were free (stated that when I upgraded) lol

thanks
 

jerryjal

Well-known Member
I didn't start this thread to cause any friction between anyone on the forum and I did stress that this may well not apply in the UK.

Personally I will not be looking into cancelling my contract and I would urge anybody that does try to, to proceed with caution.

Perhaps the title of the thread was slightly misleading and for that I apologise.

Regards

Jerry
 
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Steven

Senior Moderator
I don't think there has been any arguing here. I've added a ? for the sake of it. If you want real consternation head over to the WC section on the forum... :laugh:... :suicide:... *sigh*
 

New Start Neil

Distinguished Member
These events do happen and people are legally entitled to be free of their contracts (and keep their handsets).

A friend of mine did it a while ago with Orange. He signed up for an 18 month contract with a free HTC hero, which he then regretted when I told him about O2 Simplicity.

About 6 weeks later, Orange changed the terms of the contract (that they both had obviously entered into) and so he was allowed to invoke the clause of that contract that said if Orange changed the Ts & Cs of the contract, he would be free to leave (HTC 'n all!).

Thousands can cancel Orange contracts after loophole is opened | BitterWallet

“14.1 your Device is not a part of your Contract – your Device and Accessories are acquired by you outside the terms of your Contract.”
 

New Start Neil

Distinguished Member
Ahhhh I never read it correct

It's only for iPhone contracted customers :)

The principle has nothing to do with iPhones, it goes with any contract.

For example, if you took out broadband that was an "up to 8 meg" download speed and you got roughly 7 meg, if your ISP suddenly announced that from "x" date it would be "up to 6 meg", then you could legally leave that contract without penalty or recourse as they have changed the terms and that change will affect you.

On the other hand, if you signed up to an "up to 8 meg" service and were only getting 5 meg, then if they changed the service to "up to 6 meg" they would have a case to argue that it didn't affect you as you can't get beyond 5.5 meg.

Orange did try that particular angle if you read the article I linked to a few posts back, arguing that although they were changing a term in the contract, if you weren't a user of that part of the service then they hadn't "affected" you....
 

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