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Background I took out an 18 month mobile phone contract with…

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Background: I took out an...
Background: I took out an 18 month mobile phone contract with Virgin Mobile in October last year. At the time they confirmed that the model, KP 500 from LG was Bluetooth compatible with my 2009.5 MY Ford Mondeo. Since getting the phone I have had nothing but malfunctions with the bluetooth. I have made regular complaints and tried all the 'fixes' they advise but still the malfunction remains. They eventually replaced the hand set with another of the same make and model in May 2010. This hand set exhibits the same malfunctions. They are now telling me that the KP 500 is only partially compatible and there won't change the handset for a one compatible with my car. My question is: - What recourse to I have to get the contract cancelled and take out a contract with another supplier?
Submitted: 8 years ago.Category: UK Law
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Answered in 6 minutes by:
6/30/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
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Have you asked them to cancel the contract?
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Customer reply replied 8 years ago
They have refused to cancel the contract and advise that it runs to April 2011.
Solicitor: Jo C., Barrister replied 8 years ago

I am sorry but you cannot get the contract cancelled on this basis without their agreement. I had been hoping they will let you cancel but clearly not.

 

If you have a contract with a provider they rent airspace. The compatibility of the phone with your other equipment is a non issue contractually as it is not part of the agreement. The phone that was provided is covered by the sale of goods act and thats why they replaced it as it has faults but that does not allow you to escape the primary contract.

 

If you were misinformed then thats a good ground for a complaint for which they do often offer compensation but not to cancel the contract unless they agree.

Jo C.
Jo C., Barrister
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Customer reply replied 8 years ago
I believe I was misinformed twice regarding the compatibility of their KP 500 LG mobile with my Ford Mondeo. Once when I took out the contract initially and once again during one of my complaint calls to them. However, I would be happy if they would change the handset to one which is compatible but they are refusing to exchange it and say there is nothing further they will do.
Solicitor: Jo C., Barrister replied 8 years ago

Yes, thats certainly right. But thats an issue of bad service rather than a contractual breach.

 

Ultimately I'm afraid contractually they are able to do that.

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