Invoice charges from Buymobilephones.net

[markusc]

Hello

Was hoping to get some legal advice.

I took a 2 year mobile phone contract from Buymobilephones.net on the O2 network
It consisted of a £15.50 per month tariff with a £6 per month internet data bundle (£21.50 per month in total)

O2 consider £15.50 per month to be the tariff and the £6 data bundle to be an optional extra I can cancel at any time

I cancelled the £6 data bundle straight away in April 2012 when I took the contract out
It has been cancelled ever since.

Now Buymobilephones.net have invoiced me and are charging me £358.80 for the cost of the handset and VAT as they have lost commission from O2 because I cancelled the data bundle (bolt on)
They say I have breached the following from their terms and conditions:

14.1.3. You must not downgrade your tariff at any point during your minimum term. In the event that you do, you will be invoiced to cover the cost of the goods provided, loss of income and administration. The charge will be dependent on the tariff selected at the time of the downgrade

O2 have told me that they do not consider cancelling the data bundle a tariff downgrade (which is the way I thought it worked too)
Buymobilephones.net consider it a tariff downgrade though.

My dispute is, how was I supposed to know buymobilephones.net considered it a tariff downgrade (as to me this is not clear in their terms and conditions), and where do I stand?

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

hi and welcome to Legal Beagles.

Firstly you have done the right thing in calling 02 first, the important thing to find out is, who is the contract with? 02 or buymobilephones?

To the best of my knowledge a data bolt on is a value added service and therefore not a tariff downgrade, infact you can change bolt ons as often as you like. HOWEVER if the contract is with buyamobilephone then you are responsible for checking the terms and conditions of the contract. How long have you got left with this contract?

if you are within the free cancellation period (last 30 days) I can talk you through the transfer to the 02 systems properly and find your best deal too.

if you are with a 3rd party, i would say your contract stands as you have agreed to the terms and conditions, but you may be able to talk them in to say a free disconnection with them.

I will as a friend about the legality of this as its a bolt on not a tariff.

[markusc]

Re: Invoice charges from Buymobilephones.net

I brought my contract through Buymobilephones.net (they are the third party retailer selling on behalf of O2) but my contract is on the O2 network. So technically I don't know who my contract is with. I would imagine my contract is with O2, but I don't know if I have entered into a contract with buymobilephones.net aswell. The invoice charges are invoiced from Buymobilephones.net (not O2)

I suppose I have agreed to Buymobilephones.net's terms and conditions when I purchased.
My dispute however is the term in question is unclear

I have just over a year left on my contract (I've had it nearly 12 months now)

I've tried negotiating with buymobilephones.net, I have offered to pay what they have lost in commission but they are not budging, they insist on the full cost of the handset being paid, which I personally think is an unjustified charge, considering I am still paying my contract to O2.

Thank you for your help

[labman]

Re: Invoice charges from Buymobilephones.net

I found this in the O2 contract linked from Buymobilephones.net website:

23.1 In this Agreement (including these General Terms): “Additional Services” means optional services that you can choose to take from us, including but not limited to, Bolt Ons, roaming and international services, premium rate services, directory enquiry services, Content (details of which appear on our Website) and/or third party services; “Agreement” means this agreement (which includes the Services Agreement, the

Equipment Agreement (if relevant), the General Terms, our Tariff Terms, our Privacy Policy and any other relevant terms specified on our Website). It also includes the details of your application for our Service;

The part in red concerns me, and leads me to think they may be right.

[markusc]

Re: Invoice charges from Buymobilephones.net

Thank you for your reply Labman

So to clarify you believe that buymobilephones.net are right?

If legally I don't have a leg to stand on and what buymobilephones.net is doing is not in any way in error, I will of course pay buymobilephones.net what I owe them, but I will never use them again in future as I am unhappy with the unexpected extra charges.

My dispute being with regards to the clarity of what is classed as a tariff downgrade.

[labman]

Re: Invoice charges from Buymobilephones.net

My dispute being with regards to the clarity of what is classed as a tariff downgrade.

PLEASE do not take only my word for it! You have a very valid point over the tariff, and this is clearly critical. I was thinking more of thinking they had a right to hold you to their T&C's which are pretty clear, but specifically state tariff. Your answer may well lie on the O2 website full T&C's, but if I'd have read a third set of T&C's in a row, I think I'd have been suicidal! lol

[ODC]

Re: Invoice charges from Buymobilephones.net

Send buymobiles the letter from O2 where they say that its not a downgrade

[labman]

Re: Invoice charges from Buymobilephones.net

I would suggest another tack having (very sadly at this time of night) re-read their own T&C's which they are using to charge you for the handset.

Their own T&C's also state this:

2.4. Goods and Promotional Products remain our property until you have fulfilled the minimum term of your airtime contract.

So how, exactly, can they lawfully charge you for something which, according to their own T&C's is their property -ie- the handset.

I would not pay for something you own. Why should you pay for something they own?

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

I brought my contract through Buymobilephones.net (they are the third party retailer selling on behalf of O2) but my contract is on the O2 network. So technically I don't know who my contract is with. I would imagine my contract is with O2, but I don't know if I have entered into a contract with buymobilephones.net aswell. The invoice charges are invoiced from Buymobilephones.net (not O2)

I suppose I have agreed to Buymobilephones.net's terms and conditions when I purchased.
My dispute however is the term in question is unclear

I have just over a year left on my contract (I've had it nearly 12 months now)

I've tried negotiating with buymobilephones.net, I have offered to pay what they have lost in commission but they are not budging, they insist on the full cost of the handset being paid, which I personally think is an unjustified charge, considering I am still paying my contract to O2.

Thank you for your help

ok top clarify they want you to pay full cost of the handset? REFUSE.

simple as that.

Say for example you took a phone that retailed at £150, your tarrif would need to cover this amount, so using £15 per month as an example, p to £10 per month would be towards the handset. The cost of the bolt on does not contribute to the phone price!

Your contract term is worked out so that your phone would be fully paid for by the time you upgrade, hence the cheaper tariffs are normally 24 months!

If they insist on charging you the handset price I suggest a quick call to 02 for the retail price, they will tell you although they may ask why and just curious is a normal answer, and then call Ofcom about this.

you may have already paid the phone off!

[markusc]

Re: Invoice charges from Buymobilephones.net

Thank you all for your input and advice

I really appreciate the time and effort you have put into helpling me with this

They are asking for the full handset cost. I have also spoke to Citizens Advice this morning and they believe I might well have a case against them as it wasn't made entirely clear.

with regards to :

"2.4. Goods and Promotional Products remain our property until you have fulfilled the minimum term of your airtime contract.

So how, exactly, can they lawfully charge you for something which, according to their own T&C's is their property -ie- the handset.

I would not pay for something you own. Why should you pay for something they own?"This is a very good point and I will be sure to dispute this also

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

half a sec... did you say you have done more than 9 months with 02?

Seems a dumb question but can you just clarify this for me please.

I'm ex 02 staff myself

[markusc]

Re: Invoice charges from Buymobilephones.net

Yeah, I took my contract out in April 2012 (24 month contract)

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

ok you can tell them too that under 02's t&cs you can legally downgrade your tarrif after 9 months!

"you are in a 24 month contract you may upgrade in your 23rd month and downgrade your tariff after 9 months"

I suggest Ofcom if you dont get any joy with them, and report it to 02 as they will NOT be impressed.

if you are happy with the 02 contract, remind me when you are due to upgrade and I will talk you through your options.

[markusc]

Re: Invoice charges from Buymobilephones.net

Thank you again

[Hurricane Puffrose]

Re: Invoice charges from Buymobilephones.net

your very welcome.

I would suggest taking CABs advice too, but using that little snippet if they get shirty