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This
information applies to England, Wales, Scotland and Northern Ireland
Choosing
a mobile phone service
Points to consider before
buying a mobile phone
- The cost of calls:
these vary depending on the time of day, how many calls are made etc.
Also it usually costs more to phone a mobile from a fixed line phone
than it does to call another ordinary phone
- the type of contract,
and length of the contract
- reception in the area
where you live
- what facilities are
available, eg voicemail.
Reception signals for
mobile phones may be stronger in some areas, for example, cities or towns,
and weaker in others, for example, rural districts. If you are thinking
about buying a mobile phone and live in a rural area, you need to find out
how good the reception signal will be.
Pay-as-you-go services
Instead of a contract
where you pay monthly rental charges and the cost of the calls, you can
also choose a pay-as-you-go service, where calls are paid for in advance.
With these, you enter into a contract to pay a set figure for a phone
package that includes a handset, battery and free calls for a certain
period of time, for example, one month. Alternatively, you may be given a
voucher to pay towards the first calls that you make on the phone. When
the voucher has been used up, you can buy more vouchers from the mobile
phone company, or use a top-up card to top up your account. In this sort
of arrangement, you enter into a contract for goods and services when you
first buy the package and then into a contract for service each time you
buy a voucher or top up your account, even though this contract may be
unwritten (see below).
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Contracts
Who is the contract with
A contract for a mobile
phone gives you the same rights as a contract for any other consumer goods
or services. However, it is not always easy to know who your contract is
with. It is important to establish who the contract is with in case you:-
- want to end your
contract for a mobile phone (see below)
- have a fault on your
mobile phone (see under heading Broken
mobile phones)
- want to make a
complaint (see under heading Complaints)
Your contract may be
with:-
- The network operator
which is the company that allows call access time so that you can make
and receive calls. Call access time is usually termed airtime.
Examples of network operators are O2 and Vodafone
- The service provider
who acts as a link between the shop, outlet or members of the public,
and the network operator. The service provider buys airtime from the
network operator and sells it to shops, outlets or the public
- The outlet which sells
mobile phones. Outlets may also be service providers or they may act
as agents for service providers.
Here we use 'mobile phone
company' to cover whichever type of company your contract is with.
You may find it difficult
to arrange a contract if you are not on the electoral register. This is
because all mobile phone companies make a credit check and someone not on
the electoral register may automatically fail this.
Ending a contract
You cannot return your
phone or cancel the contract, just because you have changed your mind or
found a cheaper deal, unless your contract allows you to do this. Check to
see if your contract gives you a right to cancel. If it does, the mobile
phone company may charge you to do this details should be in your
contract. However, there may be other circumstances in which you can
cancel your contract free of charge: for example, if you have paid by
credit, signed the contract in your own home, or ordered the service by
post, phone or over the internet.
If any of these
circumstances apply, you should talk to an experienced adviser, for
example, at a Citizens Advice Bureau. To search for details of your
nearest CAB, including those that can give advice by e-mail, click on nearest
CAB.
If you do decide to
cancel your mobile phone contract, contact the mobile phone company and
let them know. Confirm the cancellation in writing.
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Selling a mobile phone to
someone else
If you want to sell your
handset to someone else, check whether your contract allows this. Someone
who wants to buy a second-hand mobile phone handset should check whether
it is possible to use airtime which was originally bought by another
person. Sometimes the mobile phone company may agree to a transfer, but
make a charge. The mobile phone company will also check whether the phone
has been stolen before agreeing to transfer the contract.
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Stolen mobile phones
If your mobile phone is
stolen, immediately inform the police and the mobile phone company. The
mobile phone company will usually disconnect the service so that you do
not have to pay for unauthorised phone calls. You may still have to pay
for line rental for this period, but check the terms of your contract. If
your mobile phone is stolen, it may be covered by your household
insurance; check whether a claim can be made.
You may want to register
your phone, free of charge, on a national database at www.menduk.org.
You can use the website to report the loss or theft of your phone. The
police can also use the database to return it to you if it is later
recovered.
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Broken mobile phones
If your mobile phone
breaks, immediately inform the mobile phone company. You should check your
contract to find out if you must continue to pay rental charges for this
period.
In England and Wales, for
more information about what to do if your mobile phone is faulty, see
Mobile phones in Consumer
Fact Sheets.
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Driving and mobile phones
It is a criminal offence
to use a hand-held mobile phone when driving. The ban also applies when
you are waiting at traffic lights or in a traffic jam. Although hands-free
phones are not included in the ban and can be used while driving, you can
still risk prosecution for failure to have proper control of your car or
for careless or dangerous driving. There is a fixed penalty of 30 for
breaking the law by using your handheld mobile when driving, or up to 1,000
if you are convicted in court. Drivers of buses, coaches or goods vehicles
face a higher maximum fine of 2,500.
You can find out more
about mobile phones and driving on the Department of Transport website at www.dft.gov.uk/stellent/groups/dft_rdsafety/
documents/page/dft_rdsafety_025216.hcsp.
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Mobile
phone bills
Who is responsible for
the phone bill
Responsibility for the
bill will depend on the contract. For example, some mobile phone companies
will allow only one person to take out the contract. Other mobile phone
companies may allow a contract to be taken out in joint names. In either
case, the people or person named on the contract is responsible for
payment of the bills regardless of who actually made the telephone calls.
If you have an expensive
bill as a result of calls made by someone who is not a joint account
holder, for example, by a friend or family member to whom you lent the
phone, consult an experienced adviser, for example, a Citizens Advice
Bureau. To search for details of your nearest CAB, including those that
can give advice by email, click on nearest
CAB.
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Disputing the size of a
bill
It is possible that a
fault may have occurred which is the responsibility of the mobile phone
company. However, mobile phone companies usually offer an itemised billing
service, showing date, time, duration and cost of calls so you can check
whether or not a high bill is due to the calls made or a fault.
If you wish to challenge
the bill, you should consult an experienced adviser, for example, at a
Citizens Advice Bureau. To search for details of your nearest CAB,
including those that can give advice by email, click on nearest
CAB.
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Premium
rate phone services
Premium rate services
give information and provide entertainment over the phone, for example,
weather information, competitions and message exchange services.
Premium rate calls cost
more than ordinary phone calls, and can be especially high from mobile
phones.
The phone numbers of most
premium rate services start with '090', and services of an adult nature
start with '0909'. On mobile phones, text shortcodes prefixed by 2, 6 or 8
that are 4 or 5 digits long are premium rate services. Directory Enquiry
services which begin with '118' are also premium rate numbers.
If you have a problem
with a premium rate telephone service, or have been wrongly charged for
using a premium rate number, you can complain to The Independent Committee
for the Supervision of Standards of Telephone Information Services (ICSTIS).
ICSTIS have a number checking facility on their website which allows you
to find more information about premium rate numbers that appear on your
telephone bill. They can also give you advice about what to do next. For
more details about how to contact ICTIS, see under heading Useful
organisations.
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Complaints
If you have a complaint
about your mobile phone company, you should speak to them about it first.
If this doesn't solve the problem, you can make a formal complaint to the
company. You can find details of how to do this on the back of your phone
bill. If you can't find these details, the company's customer service
staff will tell you how to make a formal complaint.
All phone companies are
required to have a formal customer complaints process. If the company
hasn't got one, you should tell the communications watchdog, Ofcom see
under heading Useful organisations.
If you have made a formal
complaint to the phone company and this hasn't solved the problem, you can
try using the company's Alternative Dispute Resolution (ADR) scheme. Your
phone company might belong to one of two ADR schemes which have been
approved by Ofcom:
- OTELO (the Office of
the Telecommunications Ombudsman) or
- CISAS (Communications
and Internet Services Adjudication Scheme).
You can find more details
about OTELO and CISAS under heading Useful organisations.
All phone companies are
required to have an ADR scheme. They are breaking important consumer
protection rules if they don't. If your phone company won't tell you about
its ADR scheme, you can call Ofcom for details, or look on their website
see under heading Useful organisations.
If you have a complaint
about a premium rate number service, see under heading Premium
rate phone services.
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Useful
organisations
OFCOM
Contact Centre
Riverside House
2A Southwark Bridge Road
London SE1 9HA
Enquiry line tel: 0845 456 3000 or 020 7981 3040
Enquiry line fax: 0845 456 3333 or 020 7981 3334
Switchboard: 020 7981 3000 or textphone 020 7981 3043
Fax 020 7981 3333
E-mail: contact@ofcom.org.uk
website: www.ofcom.org.uk
OFCOM is the
telecommunications watchdog in the UK. Ofcom do not investigate individual
complaints against phone service providers, although they log every
complaint about a company. If one particular company seems to be causing
concern for consumers, they may consider investigating them.
OTELO
PO Box 730
Warrington
WA4 6WU
Tel: 08450 501614
Textphone: 18001 08450 511513 or 18001 01925 430886
Fax: 08450 501615 or 01925 430059
E-mail: enquiries@otelo.org.uk
Website: www.otelo.org.uk
OTELO (the office of the
Telecommunications Ombudsman) may be able to help you with a complaint
about a phone company if the company is a member of OTELO. You must have
first used the companys own complaints procedure.
CISAS
C/o Chartered Institute
of Arbitrators
13 Bloomsbury Square
London
WC1A 2LP
Switchboard tel: 020 7421 7444
Disputes about Mobile Phones or Internet Service Providers tel: 020 7421
7432
General fax: 020 7404 4023
E-mail: info@arbitrators.org
Website: www.arbitrators.org
CISAS (Communications and
Internet Services Adjudication Scheme) may be able to help you with a
complaint about a phone company, if the company is a member of the CISAS
scheme. You must have used the phone company's own complaints procedure
first.
ICSTIS
ICTSIS Ltd
Clove Building
4 Maguire Street
London
SE1 2NQ
Tel: 0800 500212 (8am to 8pm Monday to Friday)
Fax: 020 7940 7456
Website: www.icstis.org.uk
The Independent Committee
for the Supervision of Standards of Telephone Information Services (ICSTIS)
is the premium rate services watchdog. ICSTIS have a number checking
facility on their website which allows you to find more information about
premium rate numbers that appear on your telephone bill. They can also
give you advice about what to do next.
Addresses of mobile phone
companies
O2 (formerly Cellnet)
02 Customer Care
260 Bath Rd
Slough
SL1 4DX
Tel: 08705 214000
Website: www.o2.co.uk
T-Mobile
Elstree Tower
Elstree Way
Boreham Wood
Herts
WD6 1DT
Tel: 0845 412 5000 (calls charged at local rate from a fixed line phone)
or 150 (free from your mobile)
Orange PCS
Correspondence
PO Box 10
Patchway
Bristol
BS12 4BQ
Tel: 07973 100 150 (calls charged at up to 30p per minute from a fixed
line phone)
Website: www.orange.co.uk
Vodafone
Customer Care Department
The Courtyard
2-4 London Road
Newbury
Berks
RG14 1JX
Tel: 01635 33251
Website: www.vodafone.co.uk
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