Contract law for mobiles

[mjgreen60]

Hi there


Just wondered if anyone knows of any examples of consumer law where something is not strictly included in a contract but by it having been included anyway for a number of years it can be assumed to be included?


The circumstance I am thinking of is O2 suddenly stopping free calls to the Isle of Man. Whilst their contract doesn't strictly cover these calls, they have been free for a number of years. The contract states free calls to UK for numbers starting in 01,02 and 03. Whilst Isle of Man numbers start in 01 it is not strictly in the UK. Plus the calls have always been free.


Many thanks


mj

[des8]

Re: Contract law for mobiles

Hi and welcome,
Although not a mobile user I doubt if you can do anything about this as it would be considered a price variation, and as far as I am aware all phone contracts allow the provider to increase prices.

Others might know different

[labman]

Re: Contract law for mobiles

When you say the calls have always been free, do you mean they have always been deducted from your inclusive contracted minutes? If so, are they no longer included in the contracted minutes?

[mjgreen60]

Re: Contract law for mobiles

Hi

thanks for your replies.

All calls to the Isle of Man have always previously been deducted from my bundled inclusive minutes.

I appreciate that price variation is allowed but their contract states that any price increase which would see your previous months bill increase by more than 10% allows the contract to be terminated without forfeit. The query arises because their contract says that all inclusive calls are to 01, 02 and 03 numbers in the UK. Whilst the Isle of Man is an 01 number it is not in the uk.

I have spoken to their customer services but they said because it wasn't previously included in the bundle (as not in uk) then I could not cancel the contract.

I guess my question really is - given that the calls were previously included, albeit contrary to Uk part of the wording in the contract, can that, under contract law, suggest that they are included. And hence allow me to terminate the contract?

I am soon to contact the higher level complaints, hence why I want to know my exact situation!

Many thanks

mj

[des8]

Re: Contract law for mobiles

Contracts include Terms and Conditions.
Some of these T&Cs may be implied by "custom and practice" i.e arrangements never expressly agreed but over time have become part of the contract.
To become established by custom and practice these terms need to be followed over a reasonable length of time without exception (no breaks in acceptance during that time),and be known & accepted by both parties.

However if the written terms of the contract contradict the terms implied by previous practice the courts will generally uphold the written terms.

It is some years since I was involved with Contract Law but I think the above is basically correct

Others might be along who have more detailed and up to date information.
In the meantime I'll have a search and see if I can find more info.

[labman]

Re: Contract law for mobiles

My best advice would be don't faff about with the underlings, go straight to the CEO - you might get something done then:

ronan.dunne@o2.com

:beagle:

[mjgreen60]

Re: Contract law for mobiles

Quick update for you all. Thanks again for the replies.


Letter has been sent to higher level complaints with cc to Ronan Dunne. To strengthen my case I noticed that the text I received and the notice on the O2 website stated that: "From 4 December, calls to Jersey, Guernsey and Isle of Man will be removed from your inclusive minutes". Looks like O2 saw the calls as inclusive also.


Fingers crossed for the outcome. Will let you know!