02 Sep 2016

A question about : Terminate mobile contract (lack of data service)

For the past 5 months, mobile company have been messing me around, and have been crediting my account for data outages, the issues been going on for 5 months, I've been patient with them, but this morning I've had the same problem, but this time they are saying the mast has been fixed. They have all the transcripts, and everything has been logged, and I have some names of seniors who have given me substantial discounts and promised me issues would be fixed on X date and that has not been the case.

Where do I go from here, shall I keep getting compensation off them, my contract is worth about Ј85 a month and they compensate me the entire cost a (month) on two occasions I have had partial refunds, and on one with I had a nominal Ј10 compensation. I have two contracts with them, with Samsung S4, and Samsung S5.

I would not mind ending one contract, if it will not cost me, i.e. if they do it for free, what is the likelihood of this?

They've asked me to wait 2 days (common response) but they same issue has already started. This time I didn't ask for compensation right way, I decided to wait for the two days, because, I wasn't legally clued up, so this time round I want to have all my legalese refreshed before I try to take the legal route if they refuse to credit the rest of my entire contract and/or end it. Or give me a substantial compensation.

I believe they're are in breach of their service agreement with me (contract) of providing a services, they'd had ample time to fix the issue but it seems they're trying to fob me off, at first they're very reluctant to do anything but as soon as they realize from their notes my background they come at me with pretty decent compensations.

Best answers:

  • "Lack of data service" - where exactly?
    How was it 5 months ago?
  • Well, if the signal was fine and then deteriorated noticeably in the same location, then stick to your guns and demand cancellation without charges. Follow formal complaints procedure, then take the case to the ombudsman if needed.
  • Ј85 a month?!?!?
  • too much into. I need to go get me some single malt.
  • I had severe, prolonged and unresolved network/data coverage with an operator. They supplied me 'goodwill credits' etc for a few months as compensation for the poor service.
    Enough was enough for me though, and after they refused to apply any more credits (despite the service remaining poor) I took my complaint to the Ombudsman. I was unhappy with their decision so filed small claims court action.
    The result: Refunded pretty much all my line-rental costs for that contract (had the phone and contract for over a year), and given a small goodwill gesture for inconvenience.
  • I finally after alot of going around in circles and blatant and what I believe to be lies from them they've agreed to terminate the remainder of the contract at no extra cost, but they do want me to pay for the handset (the phone) does anyone know is this correct? And should I still take it to the ombudsman? Any prompt advice would be most welcome.
    I calculated I would save over Ј600 taking the termination offer.
  • This is a normal and, IMO, reasonable demand if the contract is terminated for this reason.
    The amount is a different question and negotiable as, if the phone was 'free', its cost was spread evenly over the term of the contract and included into the monthly payments.
  • Haggle with them. Certainly don't just take the first offer they table.
    Secondly, don't use the ''I'll take you to the Ombudsman" line as threat to the operator - they'll take no notice. What they will take notice of is a Letter Before Action stating your terms. Once you've at stated these terms let the haggling begin.
  • Cool, take the offer if you are happy. But with a bit of haggling and the threat of court action you'll easily be able to get a much better offer from them.
    Request a line-rental refund for the months you suffered issues + compensation. Just state the amount you want. Worked for me.
  • Huge thanks to Grumbler though, for telling me to stick to my guns. I would have got bored arguing and taken a poor deal.
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