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A d v i c e g u i d e A d v i c e t h a t m a k e s a d i f f e r e n c e


Special rules if you have paid by credit If you used your credit card or the seller arranged the finance to pay for the phone and it cost over £100 and under £30, 000, the company that provided the credit is likely to be equally liable for any breach of contract. This means that, if the phone is faulty, you may be able to claim your money back from the credit card or finance company. This does not apply to debit card transactions (for example, Switch or Delta) where the money comes directly from your bank account.

If the seller arranged the loan finance, you may be able to cancel the loan agreement.

Remember Generally you cannot return the phone or cancel the contract because:

  • you have changed your mind or found a cheaper deal unless there is a clause in your contract allowing you to cancel. If there is a right to cancel in the contract, the trader may impose a charge for this – details of this should be found in the contract. (However you may have the right to cancel if credit is involved, or if you have signed a contract in your own home, or if you purchased the phone through distance selling methods i.e. not face to face with anyone - see above)

  • you have not followed the instructions on how to use and care for the phone

  • you have used the phone for some time and the problem has been caused by wear and tear.

Be sure to check your contract before you sell your mobile phone to someone else, as you may need the company's permission to do so.

In addition to the above rights, you will also have any additional rights included in your contract. If you do not have a copy, ask your mobile phone company for one.

Choosing a mobile phone service

You should compare the clauses in each of the mobile phone companies' contracts before choosing. You may wish to consider:

  • the type of contract you want, including its length, method of payment and the amount of notice you have to give to cancel the agreement

  • the cost of calls, especially to non mobile phones and how often and when the phone is likely to be used

  • whether the price of the handset affects the amount you will have to pay for monthly rental and call charges. The price of the handset may

Copyright © 2002-2011 Citizens Advice. All rights reserved Registered charity no: 279057 Company no: 1436945 England


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