Mobile phone contract disputes

26th April 2018

The Consumer Rights Act 2015 provides that a service must be supplied using reasonable care and skill and that any goods, such as a mobile phone handset, must be of satisfactory quality and fit for purpose.

Any goods, such as a mobile phone handset, must be of satisfactory quality and fit for purpose.

The 2015 Act also provides that any software, described as ‘digital content’ by the Act, must also be of satisfactory quality and fit for purpose. Where digital content is to be transmitted to the consumer, usually by the consumer accessing the internet, the trader must make sure there is reasonable access to the network.

The quality of the handset and of the software must also match any public statements made by the seller or the producer as to the quality of the phone, etc.

The main issues with mobile phone contracts are often the phone reception – i.e. access to the network – and the size of the bill. Both issues are often addressed in the terms and conditions.

The Consumer Rights Act 2015 states that any unfair term in a contract will not be binding on a consumer. A term is usually seen as being unfair if it causes a significant imbalance in the parties’ rights to the detriment of the consumer.

Any unfair term in a contract will not be binding on a consumer.

The Office of Fair Trading is in charge of judging whether or not consumer contract terms are fair or unfair, and is able to void contracts where it is believed that a trader is trying to mistreat their customers.

How to escape your gym contract in the new year

Gyms are prepared for a New Year’s resolution rush and every January, millions of people rush to sign expensive gym membership contracts. But how fair are these contracts and can you terminate them if your situation changes?

January 2019 Learn more
Handling disputes with neighbours

We would all like to live in peace with our neighbours, but sometimes that isn’t how things work out. Here's what you can do if you are having neighbour problems.

March 2018 Learn more

Read more from the DAS Law blog

Employment disputes , Goods and services disputes , Professional services disputes Is the customer always right when it comes to alcohol and pregnancy?

A recent Reddit post sparked debate on personal accountability and the rights of serving staff when it comes to alcohol. Larna Mason explains what the law says.

August 2019
Goods and services disputes Summer holiday clubs: your rights explained

What can you do if a plan to send your child to a summer holiday club goes awry due to sickness or cancellation? DAS Law investigates.

July 2019
Protecting your business , Goods and services disputes What new food allergy rules mean for consumers and businesses

New laws are to be introduced to help the two million people in the UK who have a food allergy. Jordan Brown explains what the new legislation will mean.

July 2019
Goods and services disputes Ticket scams are on the rise – these are your legal rights

Do buyers have any legal recourse when it comes to purchasing counterfeit tickets? What are the risks when buying tickets from resellers, and what is the best way to protect yourself from ticket scams?

June 2019
Goods and services disputes Don’t take a gamble when it comes to online betting

Jenny Niblett gives you the inside track on how to check out the legitimacy of a betting site and your legal options if your online bookie won’t pay you out.

April 2019
Goods and services disputes An online review could land you in hot water with the law

Could sharing thoughts and experiences online turn into an unexpected legal dispute?

March 2019
Goods and services disputes What can you do if you don’t meet the person of your dreams when using a dating service?

What can people do if they feel that have not received the services they have paid for? Can they ask for their money back if they asked for a prince and all they got were frogs?

February 2019
Goods and services disputes How to escape your gym contract in the new year

Gyms are prepared for a New Year’s resolution rush and every January, millions of people rush to sign expensive gym membership contracts. But how fair are these contracts and can you terminate them if your situation changes?

January 2019
Goods and services disputes 7 questions Black Friday and Cyber Monday shoppers should ask

If you are waiting to see the myriad of deals that Black Friday and Cyber Monday will offer, you need to know your rights when it comes to buying online.

November 2018
Goods and services disputes What you need to know to buy a puppy responsibly

Larna Mason, legal adviser at DAS Law, gives us the key facts on the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

September 2018
Motorcycling , Goods and services disputes Motorcycling-related disputes – what to do if you buy a dodgy bike

Our expert motorcycling solicitors have answered some of the most asked questions around common biking-related disputes.

August 2018
General advice , Goods and services disputes Weddings – what to do if your big day doesn’t have a fairy-tale ending

What happens if your wedding plans end in disappointment because of problems with your dress, your hair or the food?

August 2018
Goods and services disputes Cancellation: “Hi, Domino’s? Yeah, I’ve changed my mind, keep it.”

Can we cancel when buyer’s remorse occurs? The answer is often yes, but it can turn on some surprisingly arbitrary points.

March 2018