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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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My 84 year old mum can no longer use her mobile phone (lost

Customer Question

My 84 year old mum can no longer use her mobile phone (lost charger, has memory problems & confused) but 02 says she must pay up her monthly 'contract' until October. ( her mobile is her own) Is this legal and enforceable?

XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

On what basis do you feel she is entitled to have it ended early please?
Customer: replied 2 years ago.

For the reasons I gave - why can't they accept a month's notice?

Customer: replied 2 years ago.

For the reasons I gave - why can't O2 accept 1 month's notice - she has been with them for some years

Expert:  Jo C. replied 2 years ago.

Is she locked into a contract with them?

If so, when does it end?
Customer: replied 2 years ago.

I don't see how - I handle her finances and correspondence since my father's death 4 years ago - and she would not have a clue or any memory of - a contract.

Expert:  Jo C. replied 2 years ago.
No, but there must have been a contract originally and its probably rolled over.

Is it possible to check with them ?
Customer: replied 2 years ago.

I checked again on the 02 website and it says after 1 month initial period you can give 1 month's notice - which we did last August and that is why I just stopped the direct debit. In fact they should really refund my mum from November onwards.

Expert:  Jo C. replied 2 years ago.
Did you give written notice?

Do you have a copy?

Do they accept receiving notice?
Customer: replied 2 years ago.

We sent written notice on the 8/8/13 and I have a copy. They didn't confirm so I had a telephone conversation in which they accepted notice but stated that mum had to pay up until the end of the contract in October this year. That is totally at odds with their written terms of contract. In the end I just lost patience and stopped the direct debit.


 

Expert:  Jo C. replied 2 years ago.
Is she prepared to risk a default on her account?

I think the issue is that they must have phoned her at some point during the relevant period and made an offer of a variation of some form to which she agreed which would lock her into a further contract.
Customer: replied 2 years ago.

Ok - well I am contacting them again and we shall see what happens Chris Moore

Expert:  Jo C. replied 2 years ago.
Yes, this can be ascertained by just asking them specifically why they continued billing after notice was given.
Customer: replied 2 years ago.

O2 resorted to requesting overdue monies through a debt collector. I have spoken with them and resolved the matter paying half the contract thereby finalising the issue.


 


Regards Chris Moore

Expert:  Jo C. replied 2 years ago.
Would it be possible to give me the information I asked for?
Customer: replied 2 years ago.

O2 insist the contract should be paid until October and mum was getting very upset about the threatening letters. If it had been me I would have let them take us to court to determine wether or not it is acceptable to hassle an old lady who has no need of their services and who clearly has not used a mobile in the last year and they have a month's notice clause in their terms and conditions. I felt it easier to settle the matter and give mum a respite.


 


Regards Chris moore

Expert:  Jo C. replied 2 years ago.
Ok.

What I need to know is how they responded when you asked them directly the specific question above?

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