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Mobile phone contract

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  • Mobile phone contract

    For your information, the general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed-sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

    If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.
    A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise
    Is this all correct if the contract came with a handset?

    - - - Updated - - -

    #Diana m #nem
    Tags: None

  • #2
    Re: Mobile phone contract

    Is that (mostly) a quote from MSE or elsewhere ?

    For mobile phone contracts some phones come as free with a data/minutes contract, and some are on separate credit agreements alongside the data/minutes contract - only the latter are covered by the CCA.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Re: Mobile phone contract

      Ok thank you it's from office of fair trading

      Comment


      • #4
        Re: Mobile phone contract

        Ahhhhh - yes I remember ... they did a bit of a fact sheet on it to try and settle some arguments after Carey / HSBC and the Cartel malarky.

        But yes it applies to credit agreements not service agreements on mobile phones.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Re: Mobile phone contract

          Ok what's the difference lol and how would I find out?
          Lowell again not giving me what I've asked for. Thank you

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          • #6
            Re: Mobile phone contract

            To help it would help if we knew:

            What kind of phone contract was this? Refresh? Standard?

            Did you pay an airtime agreement and a phone plan or just one price?

            How long ago was the contract taken out and who was the original provider?
            PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

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            • #7
              Re: Mobile phone contract

              Hi it's been a few years as far as I'm awear it was for both Orange was the provider I have no paperwork as yet .

              Comment

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