15th of December 2010 0
Question by Yaky Peanut: Legal advice on my network lieing in a mobile contract?
Hi,
I’m looking for some help with my mobile phone contract I recently took out for an HTC Desire with the 3 network. When I got the contract about a week ago I was under the impression it would come with Spotify premium for the length of the contract, ie 18 months. Unfortunately I didn’t actually negotiate the terms, it was my dad, but he said that they read out the terms of the deal to you over the phone [thats how he ordered it] and by accepting them this way it is a legally binding contract.
He phoned up today to ask about this subscription and apparently they’re simply not going to honour it. Now that is understandable; its a £15 per month contract so its unlikely to be profitable, however, they did say it would come with spotify, and my dad did agree to these terms. Surely by not giving it to me, they’re breaking some law!? You can’t enter a contract and then simply not follow it!
Is there anything I can say/do, like write them a letter or threaten some sort of legal action that will either force them to honour the contract, or to give me some other form of compensation; for example, cancelling the one-off cost of the phone which was £150.
Thanks in advance,
Jack
Best answer:
Answer by JZD
These are recorded.
Write and state what was agreed, and require them to honour it. Ask for a copy of the recording if it is disputed.
Say that if they do not agree to honour the agreement and/or provide a copy of the recording, you are treating the contract as being fundamentally breached; returning the phone and cancelling the contract.
There’s no compensation available other than specific enforcement of the terms.
Make sure your dad is crystal clear about what was agreed.
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