Tesco Mobile verbal agreement. Legal standing?

[Benjc87]

Hi there, long time guest, new member!

December 2010 my partner and I walked into Tesco to have a look at how their mobile phone contracts stood up against the major networks.

All seemed well and my partner decided to take a contract on a mobile phone for £25pcm for a term of 18 months.

When going through the contract the payment system used was not working for Lloyds TSB, my partners bank. The salesman informed us that this was because they were sorting their system out after Christmas. Problem? Problem solved, the salesman told us if the contract was created in my name (Natwest bank at the time) then I would be able to call up, explain the situation and transfer the contract into my partners name! Brilliant I thought (I had done this previously with Orange, so knew it was possible)

However, obviously when I rang up this wasn't the case. Now I would not have taken the contract out if I had not thought this was possible. I would have waited a few days for the system to sort itself out and my partner do it in her name.

As you can see with the dates, the contract is now nearly up, but with a view to renew, I would like to transfer the contract.

So I guess what I'm asking is whether the verbal agreement offered by the salesman is legally binding? Considering I wouldn't have taken the contract out if the contract was not transferable. That and the fact I never actually physically signed a contract (but I do think 'e-signatures' or agreements are the norm now):tinysmile_hmm_t2::tinysmile_hmm_t2:

Any help on this would be great, as I'm considering calling them tomorrow to sort it out.

Thanks in advance!

[labman]

Re: Tesco Mobile verbal agreement. Legal standing?

I think you'd find it hard to claim against anything verbal after this time, but I'm no expert in this area.

[Guest]

Re: Tesco Mobile verbal agreement. Legal standing?

I am affraid you have been missled, you cannnot transfer the liabilities under a contract, nor can you take a contract out for someone else, it would not be binding on either party.

Peter

[Benjc87]

Re: Tesco Mobile verbal agreement. Legal standing?

So on what grounds do I stand? Could I take up a complaint about the misleading sale of a contract?

It's quite easy to see its all in her name and just my bank details. The address is hers, password, everything. Except my name on the contract and my bank details.

I must have some grounds to stand on against this?

Thanks again! Help has been great so far

[teaboy2]

Re: Tesco Mobile verbal agreement. Legal standing?

But it was misrespresentation of contract prior to entering the contract, therefore making the contract effectively invalid. But since its been so long now you haven't anything to go on as the questions would be "why wait till the contract was nearly expired, before raising it.

I had same on misrepresentation arguement with BT reference buisness broadband where what they qouted me prior to signing was much less than they actually billed (no way did i pay nearly double what they qouted lol), off course they chased me until i pointed it out to them and that i was teaboy2 too. After that they wrote it off.

Anyway you will be better off cancelling the contact then renewing it unless your happy for it to remain in your name.

EDIT

Post cross with OP

Your name on contract means it is in your name not your partners.

[Benjc87]

Re: Tesco Mobile verbal agreement. Legal standing?

Yeah shame I didn't follow it up earlier I guess!

Thanks though

[teaboy2]

Re: Tesco Mobile verbal agreement. Legal standing?

Yeah shame I didn't follow it up earlier I guess!

Thanks though

Unfortunately yes. As if it had been say only last month when you entered the contract, then something could have been done and it would have turned out in your favour but even then Tesco may have played hard ball, and you would then have to take legal action and prove in court that you were mislead etc. So if probably would not have been worth the effot considering the contract was only what £25? a month.

So yeah your better off simply cancelling the current contract 30 days before its due to end, that way they won't roll it over.

Though you may still get your revenge as phone companies are well known for agreeing to cancel after being contacted by the consumer asking to cancel the contract when it ends, only for them to roll the contract over instead of cancelling it and denying that the consumer had contacted them to cancel it. So when you do ring to cancel it, record the phone call. Set up a free Sipgate account an phone them using it and record the call. That way you have evidence you did cancel and can claim damages for harassment and emotional distress for all the debt collector phone calls, as well as damages for libel in the event any default is place on your credit file.

If they do try say you never cancelled when you did. Then deffo come back here, then we can have so real good old fashion fun with them whilst kicking their arses, and getting you a nice little bit of compo in the process lol.

[Hurricane Puffrose]

Re: Tesco Mobile verbal agreement. Legal standing?

Here I can help you

Ask Tesco for a PAC code ( they must give you it) and tell them you want to (exact words) port to prepay. The port to prepay will take about 2 days once you register your PAC code (shop should be able to help you) wait a week or so after the port and get your partner to contact prepay to port back to contract and give her details... i know its a pita but its the only way, when i worked at 02 i did loads.. you MUST register the PAC code or the transfer wont take place.

Also ask if the billing can be put in to her bank, sometimes this is possible.