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Is the phone legally mine? |
liam walsh
Joined: May 14, 2005
Posts: 132
PM |
I took out a contract with vodafone for an iphone 3g 2 months ago. I have been having signal problems since day 1 and rang them today to complain. The man said that theres problems in my area and i could cancel the contract which i did, But they want the phone back. Am i right in thinking that once you take the contract out the phone is yours as its just an incentive to take the contract in the first place? |
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jcwhite_uk
Joined: Feb 18, 2004
Posts: > 500
From: Dorset, UK Phone:Xperia Z1
PM, WWW
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From my understanding is that the phone is not legally yours until you reach the end of your contract period (ie 18 or 24 months). Otherwise what is to stop you selling it now and getting another one on the same one?
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[ This Message was edited by: jcwhite_uk on 2010-06-08 22:01 ] |
Bonovox
Joined: Apr 13, 2008
Posts: > 500
PM |
If they are letting you off the contract early then yes they will ask for the phone back. To them it would be like your getting the phone for nothing & getting out of the contract very early so I can see why they want it back
Phone?? What phone?? |
liam walsh
Joined: May 14, 2005
Posts: 132
PM |
Yeah i understand why they want it back aswell but still the signal was pathetic its not like there doing me a favour letting me cancel. |
Bonovox
Joined: Apr 13, 2008
Posts: > 500
PM |
That's not the point though. If you cannot get a signal fair enough but they let you cancel early that's the point so if you wanted to keep the phone you would have to pay the contract off.
Phone?? What phone?? |
hihihans
Joined: Mar 15, 2009
Posts: > 500
From: Netherlands
PM |
Letting you cancel is a huge favor.
You can't have that phone after 3 payments.
lets say you have a $40 contract. you paid $120
Phone is worth $500
they won't give you $380
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Bonovox
Joined: Apr 13, 2008
Posts: > 500
PM |
That summed it up
Phone?? What phone?? |
liam walsh
Joined: May 14, 2005
Posts: 132
PM |
Fair enough about them having the phone back i was just wondering to be honest i dont really even care i just got a 3gs with o2 anyway, But them letting me cancel isnt a favour at all? There was no signal in my area 90 percent of the time and he even told me the signals rubbish in my area, So they shouldnt of gave me it in the 1st place |
Bonovox
Joined: Apr 13, 2008
Posts: > 500
PM |
Did I miss something? You said that he said the signal was rubbish in your area. So why take out the contract in the first place?
Phone?? What phone?? |
liam walsh
Joined: May 14, 2005
Posts: 132
PM |
Is it not pretty obvious that i didnt know? Its the 1st voda contract i have had they should of warned me there was signal problems in my area they knew not me. Every other network is fine. |
voda_jon
Joined: Nov 28, 2004
Posts: > 500
PM |
the responsibility for checking coverage lies with the person buying the contract and not the operator. They have a coverage checker on their site and their customer services can check it for you on request.
They really have done a favour by cancelling it early as they are under no obligation to do this. You agreed to the T&Cs of the contract which state that certain features rely on the network signal and that Vodafone cant be held responsible for any poor coverage or loss of services pertaining to said poor signal.
And to confirm the Phone and SIM is the property of the Network until your agreement period is over. |
fairen
Joined: Aug 13, 2009
Posts: 164
PM |
On 2010-06-09 13:59:12, voda_jon wrote:
the responsibility for checking coverage lies with the person buying the contract and not the operator. They have a coverage checker on their site and their customer services can check it for you on request.
They really have done a favour by cancelling it early as they are under no obligation to do this. You agreed to the T&Cs of the contract which state that certain features rely on the network signal and that Vodafone cant be held responsible for any poor coverage or loss of services pertaining to said poor signal.
And to confirm the Phone and SIM is the property of the Network until your agreement period is over.
Very well said. I was actually about to say the same thing. Anyway, at least it's all over now and you are on a new contract from a different carrier and you know better now than to get another contract with them ever again.  |
siamese plantpot
Joined: Jan 10, 2004
Posts: 136
From: way up norf
PM |
I just cancelled a contract with 3 for the exact same reason. Because I was able to terminate the contract without penalties this was them admitting that they had failed to meet the contract so they allowed me to keep the phone. I know it is a different network but surely it will be the same?
In my instance it was a £300 phone after 3 months of £20 with one month free while they examined paults so they effectively gave me £260?! |
mlife
Joined: Jan 16, 2003
Posts: > 500
PM |
When you sign up for services you are provided a discounted phone in exchange for a 1 or 2yr service agreement. How much you pay for the phone is directly related to the revenue they expect to recoup from you over your tenure as a customer. If you cancel within 30 days (for most carriers) you MUST return the equipment in order to get out of the contract usually at no cost to you (other than maybe a restocking fee for the device). If you however exceed the aforementioned "trail" period you are considered a "customer" and the device becomes your property. If however, at any time after the 30days, you decide to terminate your service contract (willfully or otherwise) that is when your termination penalty comes into play. You are in essence paying that "cancellation fee" to recoup their lost revenue for having provided you the equipment at a lower cost and your not having completed the contract. You keep the phone hence the reason some carriers have termination penalties up to $350 USD.
[addsig] |
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Posted: 2010-06-08 22:50
