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Expired Contract

  • 12-10-2011 04:15PM
    #1
    detective
    Registered Users, Registered Users 2 Posts: 444 ✭✭


    A person had an oral 18 month contract (there was never a signed contract) with a phone company.

    28 days notice was needed to be given for the contract to expire and this was agreed and given. This 28 days notice occurred after the 18 months was up.

    The phone company are now saying that because the person ported (or kept) their number the person now owes for another 28 days because there is a stipulation in the contract that states the 28 days only starts when the person ports their number.

    So in essence the person gave 28 days notice to terminate. Following this the 18 months was up also. Now they are being billed as they ported (or kept) their number following this.

    Is this person liable for these charges? There was no signed contract where the person agrees to the 28 days billing after porting. The contract was up so no contract was in effect.

    This person has now received a letter which references debt collection agencies and other legal consequences.


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    By agreeg this 'oral contract' you were almost certainly incorporating the phone company's ordinary terms and conditions which probably contains this sitpulation.

    If you are seriously going to contest it see a solicitor.


  • #3
    detective
    Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    234 wrote: »
    By agreeg this 'oral contract' you were almost certainly incorporating the phone company's ordinary terms and conditions which probably contains this sitpulation.

    If you are seriously going to contest it see a solicitor.

    No issue between oral and written contract to be honest. However, the point is that the contract was expired when the number was ported, or kept. So how can contract term and conditions apply to an expired contract?

    This is to be construed as a hypothetical situation and does not concern the op personally.


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