when is an upgrade not an upgrade - HotUKDeals
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when is an upgrade not an upgrade

traceym Avatar
9y, 2w agoPosted 9 years, 2 weeks ago
just wondering if anyone has ever legally challenged the mobile phone companies, in respect of them offering phones of a lesser quality than the one you already have, ie when you take a contract they give you a top of the range phone then at renewal they offer a set ammount based on profit they have made from your contract, if the handsets covered by your allowance arent as good as the one you have, then surely this is a downgrade and not as offered a "free upgrade" ?
traceym Avatar
9y, 2w agoPosted 9 years, 2 weeks ago
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#1
The new phone is on a new contract.

You are made aware of what you are able to have before agreeing to the new contract.

I think a legal challenge would be futile.
#2
but then how can they use the wording "free upgrade" when it clearly is not, in the scenario you describe is not then an upgrade either but a new contractual offer
#3
I would guess that there is no legal definition of 'free upgrade'.
#4
Why not just cancel your contract at the end then, and then re-sign up with the more expensive phone deal ?
#5
i dont have the problem myself chris, it was a subject of conversation amongst some friends last night, and i just thought i would bounce it off everyone here and see if anyone had ever challenged it, i thought it would make an interesting topic, i have both personal and business contracts with tmobile, and usually get a decent upgrade on both after studying my teenager and doing a "kevin" lol
#6
traceym
just wondering if anyone has ever legally challenged the mobile phone companies, in respect of them offering phones of a lesser quality than the one you already have, ie when you take a contract they give you a top of the range phone then at renewal they offer a set ammount based on profit they have made from your contract, if the handsets covered by your allowance arent as good as the one you have, then surely this is a downgrade and not as offered a "free upgrade" ?


They could probably argue that giving you a lesser phone would be an upgrade on ur existing phone as the 'upgrade' would be new and therefore better than your battered year-old phone, even if it was worth more originally.
#7
the friend who started the conversation has the same handset as mine a mda pro, and is being offered an ordinary handset which has less options for business use therefore making it a downgrade, i do see what your saying but as the mda is still more expensive than the handsets they are offering.
#8
My personal view is that if I'm offered an upgrade then it should be to a newer phone - whether or not the new one has all the bells & whistles that the old one had is immaterial. All phones differ in what they provide, so how can you argue about whether or not a phone that doesn't have a camera but has something else is an upgrade on a phone that has a camera.

I think it's subjective, & therefore hard to prove or disprove. All you could do in this situation is to argue with the provider that you don't consider it to be an upgrade.
#9
all i wanted to know is if anyone has or knows of anyone that has challenged it legally :)

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