UK mobile contract minimum term - unfair extension

mobileuser

New Member
Mar 25, 2012
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I entered in an agreement with one of the UK major mobile phone providers in July 2009, for a term of 18 months, with my contract due to expire in January 2010. Down the line, I came to know that the supplier would agree to upgrade within 90 days from expiry and decided to take this opportunity by agreeing to a new 18 month contract under a new price plan that included the supply of airtime for the agreed period as well as a new handset. I immediately started paying the new tariff, to use my new allowance, and I remember there had been an adjustment to the bill to reflect this. In my interpretation this is a new contract that voids the previously existing one by mutual agreement.

To my surprise, I have recently found out that my current contract will lapse in July 2012, rather than in May - or 18 months after the agreement of the new minimum term. I extensively discussed this issue with the supplier who refuses to either letting me start a new contract (although this is still allowed within 90 days from expiry and according to my understanding I am within this term) or to rectify the expiry date to May 2012.

Is a mobile phone provider, or in fact any supplier operating within the UK legal framework, allowed to add the residual term of an old contract that they agreed to terminate in advance in favour of a new extended term under new conditions, to the new contract?

In my opinion this amounts to unfairly extending my contract to an almost 21 months term, I think this is not good business practice: just a way of taking advantage of the consumer. I would be grateful to anyone who could help me to resolve this matter in my favour either directly with the provider or in a Small Claim Court - in the latter case I think this would in fact become a precedent that others could refer to in case they also find themselves in a similar situation.

Thanks in advance to anyone who can contribute and help.
 

TallGuy

New Member
Apr 30, 2012
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From personal experience, O2 told me that if I upgraded early (they offer silver and gold customer incentives for money spent on bills which in return gets you an earlier upgrade) they would start the new contract from the date of signature.

From a legal perspective, read the contract. You signed an 18 month contract. If the contract states 18 months then you're basically in it for 18 months. I believe most mobile networks allow an upgrade in the 30 days leading to the contract expiry anyway.