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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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My son has taken out a contract for an I phone but has know

Resolved Question:

My son has taken out a contract for an I phone but has know gone to australia for a year where he cant use the contract. He has spoken to voda phone but they want £1000.00 plus to cancel his contract they will not allow him the suspend it for a year are there any legal options? Ken XXXXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

did he agree rights of cancellation?
Customer: replied 3 years ago.
I am not sure should it be included in the contract that he signed? It seems a bit unfare that he is locked into a contract that he can't use.
Expert:  Jo C. replied 3 years ago.
No. It would not normally be included. Contracts are binding immediately.

Did he do the deal in store?
Customer: replied 3 years ago.
Yes i believe he did
Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

You need to get to the bottom of what is in his contract. He is almost certainly locked in unless he agreed cancellation rights or he did the deal by distance.

I know that they will not allow you to escape a contract but they will sometimes suspend it.

If he does just refuse to pay then its quite unlikely they would sue but they will add a default to his credit account which is not to be desired on the whole.

If they did sue then they would only have a claim for loss of profit under the contract rather than the full price that is due.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you i will read his contract tonight when i get home and try to find a loop hole? I will check to make sure he went in store and did not complete over the phone would this make a difference
Expert:  Jo C. replied 3 years ago.
If he completed over the phone then he may be covered by the distance selling regulations which would allow him 7 days to cancel unless it was a renewal contract.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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