Aerial Direct - Has anyone managed to get out of the contract?

[django90]

Hi 

I have seen muliple posts about Aerial Direct the 'trusted' business partners of 02 on this forum and online. Has anyone been able to sucessfully get out of their contract? I dont need to be told about the business ethics of this company, I have seen the previous posts and have been fooled for a while! 

Any advice please?

[madasaf1sh]

@Djsol20 

You dont have to sign a contract for it to be valid, and a confirmation on a phone call is all that is required, and most are legally binding as per the law the in the UK, you would need to prove that your mum did not say yes to the contract.. 

The only way to do that is to get a copy of the call recordings, via a SAR to Aerial Direct.. 

Some guidance here on verbal contracts https://www.farleys.com/verbal-agreements-legally-binding/

You are in for a fight with Aerial Direct I am afraid, as they seem to be very good at enforcing contracts..

[Djsol20]

Not true on the contact. (I do this for a living) not only does it need to be signed it also needs to be in terms that understandable to both parties. They are simply reselling o2 sims. There are so many ofcom guidelines to protect consumer, micro and SMBs now it’s a mine field for telco providers 

[Djsol20]

For a contract (whether verbal or written) to be legally binding, there are 4 elements that need to be present:

1. There needs to be an offer;
2. An acceptance of that offer;
3. Consideration;
4. An intention to create legal relations
my mum wasn’t given time to consider they got her to say yes when she was driving and trying to deal with solicitors etc after her mum had died. So there was no consideration on her part. When she called back to cancel they said to late you said yes now. 
also if she went abroad and used roaming, where’s her legal info around roaming charges, bolt ons etc. 

a verbal agreement can be legally binding but not in telecoms 

[madasaf1sh]

@Djsol20 

Sorry you are talking BS, a contract agreed to verbally is applicable in law and your mum has agreed to it, so as I said get the calls from Aerial Direct and raise a SAR, if you dispute that your mum has agreed.. but

1. There needs to be an offer; - They made the offer
2. An acceptance of that offer; Your mum accepted the offer

But then you know all this, so why ask on a customer to customer forum, go and seek legal advice...

As your mum no longer has a direct relationship with o2, it all needs to go through Aerial Direct..

There contact details are here https://www.aerial-direct.co.uk/contact-us/

[Djsol20]

Try reading up on ofcoms guidelines 

Any provider that offers services to individuals, small businesses (with up to 10 employees) and not-for-profit organisations (where up to 10 individuals work, not including volunteers) must:

• have and comply with complaints procedures that meet certain minimum standards, as set out in the annex to General Condition C4 called ‘Ofcom approved complaints code of practice for customer service and complaints handling’; and
• belong to an alternative dispute resolution (ADR) scheme, which customers can use free-of-charge.

For one, they aren’t signed up to an ADR and two all the info you need on a telecoms  contract can be found here:

https://www.ofcom.org.uk/__data/assets/pdf_file/0028/229852/ofcom-guidance-general-condition-c1-cont...

[madasaf1sh]

@Djsol20 

Not sure why you are not understanding...

The contract is with Aerial Direct, so you need to take it with them... as they now manage the number and the contract, as assigned by your mum, and not o2... You no longer have a direct relationship with o2..

[Djsol20]

Exactly I think maybe you’ve misunderstood my replies. The non existent contract is between mum and Ariel Direct. What I’m saying is that the sale from Ariel Direct is not only not legally binding. It’s actually not lawful. The question I was giving advice on was someone asking for help leaving Ariel Direct. 

[Oxonian]

@Djsol20 

I have suggested to someone earlier in this thread that I they really think that Aerial Direct have misled them, a 'phone call to Trading Standards might e worthwhile. 

Have you considered that avenue ?