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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am Margaret, I had a 24 month contract with a mobile

Customer Question

Hello,
I am Margaret, I had a 24 month contract with a mobile phone agency, the phone itself was no more effective, and I bought another phone that I am currently using. I visited this mobile phone agency to buy something else, and in conversation, I mentioned that my phone was useless and one of the customer service men told me he was going to do me a deal. He then hurriedly prepared a contract of another 24 months for me. In the explanation, I understood the roll-over to be continuing for the existing contract; meaning it will end at the time of the original contract. However, when, I reviewed the contract at home, I realised that it was a new 24 contract has been done for me. I returned to the shop to inform them, I was not really interested in another contract because, I am not a permit resident of UK and will not be in UK to finish paying the contract. My visa permit to stay would have been over. Every effort to get them to revoke the contract proved futile. They seem not to be worried about loosing money, but I am worried about my integrity. please advice me. I am an international student
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did you agree to this new contract?
Customer: replied 1 year ago.

yesterday, 13/08/2015

Expert:  Ben Jones replied 1 year ago.
Was it explained to you that you are entering into a new 24 month contract? Also have you checked the contract to see if there is an option to cancel it?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

No, He did not explicitly tell me he was doing a new contract for me. It was when He brought the form, he said, it is the 24 months contract. There was never an occasion like I am doing you a new 24 month contract. I would have told him my circumstance

Customer: replied 1 year ago.

He never on any occasion said this was another contract and can not be cancelled.

you know in the shop they were very fast and only showed you the places they circled and for you to sign.

Expert:  Ben Jones replied 1 year ago.
Ok I will get back to you shorty with my advice
Customer: replied 1 year ago.

the status says you are waiting for me, but there is no question for. The email that also made me to open this page said: Ben Jones has responded to your question:
"Ok I will get back to you shorty with my advice"

Expert:  Ben Jones replied 1 year ago.
I am not waiting for you this is just what the system thinks after I have responded but I was just letting you know I will respond shortly
Expert:  Ben Jones replied 1 year ago.
Hello Margaret, many thanks for your patience. The starting point is that once you have entered into a new contract you would be bound by it and if you decide to terminate it early you may only do so if there was a right to cancel in the contract. There may be a cooling off period or there may be a clause which says you will have to pay an early termination charge. You need to check the contract to see what your cancellation options are. The law does not allow for automatic cooling off period if you entered into the contact in a shop.
The only argument you could use here to avoid any termination charges is to try and claim that you were missold the contract. However you would need to show that you were misled as to what you were signing. You may have misunderstood the salesman but if he advised you that you are entering into a 24-month contract (they do not have to mention it is a new contract) then they have not really misled you as they described it for what it is.
Another option you have is just to cancel your payments when you leave the country. They are highly unlikely to pursue you when you are abroad so any remaining fees on the contract are likely to be just written off. If you were in the UK it would be easier for them to try and pursue you and make you pay but once you are abroad it is too difficult and expensive for them so they are very unlikely to bother. Obviously it is morally wrong on your part but you can go down that route if you run out of other options.
Customer: replied 1 year ago.

Thank you if I think through and have any other question, I will asked.

Expert:  Ben Jones replied 1 year ago.
No problem

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