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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100424
Experience:  Lawyer
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I was sent a new phone with a cell phone service carrier,

Customer Question

I was sent a new phone with a cell phone service carrier, and have found out a little over a year later, that accepting this new phone came with a new agreement (of which I never signed or agreed to). I was forced to leave the service provider when I moved to a location they do not service. They wish to charge me for the phone stating I owe them the remaining amount on the phone because of this new agreement. If I was unaware, and have never signed anything, do I have to pay? When I asked the company, they said "the paper work and new agreement would be with the hardware when it arrived."
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Why you think they were giving you the phone if you were not signing any contact with them?

Customer: replied 1 year ago.
To keep me as a customer. I have been a customer for years, and it would be easy to leave and go to another carrier to have a newer phone.
Expert:  Debra replied 1 year ago.

If this went to court I am not sure that you will be believed unfortunately because cell phone companies only give phones for free to get someone to sign a contract. If it was to keep you there would be a contract because they need assurance that after they give you the phone you will not leave. This is just what you are doing now. You want the phone for free but want to leave.

At the same time if they sue you they have to prove you agreed to a fixed term contract and if you did not sign anything and if they do not have your recorded phone call where you agreed to the contract then they may not be able to win in court.

Customer: replied 1 year ago.
I am only leaving because they do not provide service where I live. I have even offered to give the phone back.
Customer: replied 1 year ago.
Thank you for your help.
Expert:  Debra replied 1 year ago.

I understand.

Unfortunately the phone is not worth anything to them now.

But you can try and take the position that not only did not you not agree to a contract and they never mentioned that to you, they are breaching the contract because they are telling you they can no longer provide the service because of where you will be living and so long as that is in Canada you have a good argument.

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