If your Pay As You Go SIM card isn’t used for a certain amount of time, your credit will expire and your account will be closed.

Top Up LogoPay As You Go mobile phone tariffs are often ideal for people who only use their mobile phone from time to time. Unlike on Pay Monthly SIM cards, there are no regular monthly charges on Pay As You Go: you only pay for what you actually use.

When choosing a Pay As You Go mobile network, it’s worth investigating the credit expiry and SIM card cancellation policy very closely. On most mainstream networks, your credit won’t expire providing you make a chargeable activity at least once every 6 months (e.g. an outgoing phone call, text message or using mobile data). However, on some smaller mobile networks, your credit may expire as quickly as 90 days from top-up. Your SIM card may also be cancelled automatically if you haven’t used it for as little as 84 days.

In this article, we’ll review and compare the credit expiry and SIM card cancellation policy on UK Pay As You Go mobile networks.

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Overview of Inactivity Policies

In the following table, we’ve summarised the credit expiry and SIM card cancellation policy of UK Pay As You Go mobile networks. Unless otherwise stated in the table, the times listed refer to an inactivity period (your credit will only expire if your SIM card is left unused for more than a certain amount of time).

Mobile Network Inactivity Period (Amount of time without chargeable event)
PAYG Credit Expiry SIM Card Cancellation Phone Number Deleted
1p Mobile No expiry
(minimum top-up applies)		 No expiry
(minimum top-up applies)		 No expiry
(minimum top-up applies)
ASDA Mobile 270 days 270 days
restricted use after 180 days		 360 days
EE 180 days 180 days 180 days
giffgaff 6 months 6 months 6 months
O2 6 months 6 months 6 months
Tesco Mobile 6 months 6 months 6 months
Three 6 months 6 months 6 months
Virgin Mobile 180 days 180 days 180 days
Vodafone 180 days 180 days 180 days
VOXI 270 days 270 days 270 days
Smaller Pay As You Go Networks:
Co-Operative Mobile 180 days 180 days 180 days
Delight Mobile 90 days
from date of top-up		 120 days 120 days
iD Mobile 90 days
(also 365 days from top-up)		 90 days 90 days
Lebara Mobile 90 days
from date of top-up		 84 days 84 days
Lycamobile 90 days
from date of top-up		 120 days 120 days
Vectone Mobile 90 days
from date of top-up		 120 days 120 days
  • PAYG Credit Expiry: When your Pay As You Go credit expires, you’ll no longer be able to use it or recover it. On most mainstream mobile networks, your credit will never expire providing your SIM card remains active. However, on some smaller mobile networks, your credit can expire just 90 days after top-up.
  • SIM Card Cancellation: When your SIM card is cancelled by the network, you’ll lose coverage on your phone with an error message like “Inactive SIM” or “SIM card registration failed”. Your SIM card will be cancelled automatically if you haven’t used it for a certain amount of time (between 84 days and 270 days depending on the network).
  • Phone Number Deleted: In some cases, your phone number will be retained even if your SIM card has already been cancelled. This means you’ll be able to restore service on the phone number and you’ll be able to use a PAC Code to transfer the phone number to another network. If a phone number has been deleted or “recycled” by your mobile network, it’ll no longer be possible to recover it or to transfer it to another network.

Recommended Deal For Light Users

If you’re a light user, 1pMobile currently offers the lowest Pay As You Go rates of any network in the UK. They charge just 1p/minute, 1p/text and 1p/MB, with 2G, 3G & 4G coverage from EE. Your credit on 1pMobile will never expire, as long as you top-up by at least £10 every 120 days after the first year.

1pMobile

  • Low Pay As You Go rates. 1p/minute, 1p/text and 1p/MB. See full rates here.
  • Your credit will never expire. Requires a £10 top-up every 120 days after the first year.
  • Uses the EE network. With 99% coverage, 3G & 4G coverage, check coverage here.

1pMobile offers a flexible Pay As You Go service, with the lowest headline rates of any Pay As You Go network in the UK. They charge just 1p/minute, 1p/text and 1p/MB and have no regular monthly charges for keeping your SIM card active.

To join 1pMobile, you can order a SIM card online with £30 of credit. Once you’ve done this, there’s no need to top-up again for one year. After the first year, you’ll need to top-up with £10 of credit every 120 days. This will keep your SIM card active with no obligation to actually spend the credit. However, a non-refundable balance would accumulate over time if you don’t spend the credit added to your account.

1pMobile offers 2G, 3G & 4G coverage from the EE network. You can use the SIM card inside your mobile phone or tablet, or in a wide range of other devices including trackers, alarm systems and more.

Order 1pMobile SIM card (Free) →

Through the rest of this article, we’ll discuss the inactivity policy of each mobile network in more depth.

Major Pay As You Go Networks

On most major Pay As You Go networks, you’ll normally be able to leave your SIM card unused for up to 6 months or 9 months at a time. Providing you use your SIM card for a chargeable activity during this time, your account will remain open and your Pay As You Go credit will never expire.

1pMobile

In the UK, 1pMobile works a little bit differently to other Pay As You Go networks. Instead of requiring you to make a call or to send a text message every so often, they only require you to add a certain amount of credit to your account.

If you order 1pMobile’s 1-year SIM card, there’ll be no need to top-up your SIM card again for one year.

After your first year on 1pMobile, you’ll need to top-up your SIM card by at least £10 of credit every 120 days. This is detailed on the 1pMobile website:

Our only requirement is that you top-up by £10 at least once every 120 days. All unused credit rolls over, so you never lose it.

Top up by £10 and your next top-up won’t be due for another 120 days
Top up by £15 and your next top-up won’t be due for another 180 days
Top up by £20 and your next top-up won’t be due for another 240 days
Top up by £30 and your next top-up won’t be due for another 360 days
Top up by £40 and your next top-up won’t be due for another 480 days
Top up by £50 and your next top-up won’t be due for another 600 days

If you don’t top-up by your next top-up due date, then we deem that you no longer wish to use 1pMobile as your mobile provider and your service will be cancelled.

We will send you email reminders two weeks before and 48 hours before your next top-up is due. You can also see when your next top-up is due in your account area.

For peace of mind you can set up auto-top-ups that occur either when your phone balance reaches £2 or on your top-up due date. See the top-ups section inside your account area.

Prior to the 25th April 2017, 1pMobile had a monthly minimum spend requirement. This requirement is no longer in place.

Source: 1pMobile Help Pages
Tariff Information: 1pMobile Website

ASDA Mobile

On ASDA Mobile, you should normally try to use your SIM card at least once every 180 days in order to keep it active. Providing you do this, your credit will not expire and your account will remain open.

After 180 days of inactivity on your SIM card, your outgoing phone calls will be suspended, but incoming phone calls will still work. You should call ASDA Mobile’s customer services team to reinstate a full service on your SIM card. To do this, dial 0808 006 2732 (customers who’ve joined since March 2021) or 0800 079 2732 (customers who joined before March 2021).

After 270 days of inactivity on the SIM card, your unused credit will be removed and your SIM card will be barred for both outgoing and incoming calls. Finally, your phone number will be deleted by ASDA after 360 days of inactivity on the account.

This is described in more detail on ASDA Mobile’s help page:

If you make one chargeable call, text or use a bit of mobile data every 180 days the credit (top-up) on your phone will not expire.

You must make a chargeable call or text every 180 days to keep your number fully active. If you haven’t used your SIM in the last 180 days, your calls will be forwarded to our automated service which means you won’t be able to call anyone, however you will still be able to receive inbound calls.

If you haven’t used your Asda Mobile SIM in the last 270 days, all activity will be barred from your SIM card and all credit will be removed.

After 360 days, your number will be disconnected from the network and the number will be deleted. We’re unable to reactivate a SIM if the number has not been used for over 360 days.

The legal terms relating to this policy can be found in clause 5.2 and 5.3 of the ASDA Mobile Terms & Conditions:

5.2) Where the Services are suspended or disconnected because you have chosen not to use the Services for a continuous period of 270 days, we will, on request reconnect you to the Services, however any credit or top-ups held on your account at the time of suspension or disconnection will not be re-credited to your new service. We cannot guarantee under any circumstances that you shall be able to continue to use your original number and as such will send you out a new Asda Mobile SIM card that will contain a new number.

5.3) Where we have disconnected the Mobile for cause as set out in 5.1 above, reconnection will be at our discretion. Top-ups will not be refunded to disconnected accounts.

Source: ASDA Mobile Terms & Conditions (dated March 2021)
Tariff Information: ASDA Mobile Website

EE

EE will disconnect Pay As You Go customers if no “connection actions” are taken for 180 days. If this happens, unused credit will be removed from your account and your phone number will also be deleted from the system.

You can keep your account active by topping it up (£5 minimum) or by making a chargeable activity. This includes making a chargeable phone call, sending a chargeable text message or using mobile data. From clause 6.3 of the EE Pay As You Go Terms & Conditions:

6.3 You must make a Connection Action at least once every 180 days. If You do not, Your SIM Card will be disconnected from the Network and You will not be able to use the Services. You will lose Your mobile phone number and any Credit on Your Account at the time of such disconnection will be forfeited.

If you’re opted in to one of EE’s Pay As You Go packs, you may find that Pay As You Go credit is deducted from your account automatically every week or every month. To stop this happening, you can opt-out of the packs by texting STOP PACK to 150. This will allow you to keep the credit on your account for longer.

Source: EE Pay As You Go Terms & Conditions (version 01B, dated January 2017)
Tariff Information: EE Website

giffgaff

giffgaff will disconnect your SIM card if your account has been inactive for six months or more. You’ll lose your unused credit and your giffgaff phone number will also be deleted from the system.

There are several ways to keep your giffgaff SIM card active such as making a phone call, sending a text message, accessing the internet or topping up your phone. From clauses 13.3 to 13.4 of the giffgaff Terms & Conditions:

13.3. Your SIM Card will be disconnected unless, at least once every six months, your Account is used to:
a) make at least one call, SMS or MMS to another number (not including calls to emergency services or Member Services);
b) make at least one connection to the Internet;
c) make at least one airtime credit or Bundle purchase

13.4. If your SIM Card is disconnected, you will lose any remaining credit or Bundle balance on your Account. giffgaff recycles numbers and we will not be able to reconnect once a number is disconnected and recycled. giffgaff may reconnect you if any disconnection was due to our negligence.

If you’re converting your Pay As You Go credit into a goodybag bundle, your allowances will expire one month after the goodybag purchase. For more information, see our full review of giffgaff.

Do note that a stricter 3-month policy applies if you’d like to earn Payback Points from giffgaff:

7.5 To qualify for Payback Points you must:
(a) be aged 16 years or over;
(b) have an active SIM Card at the Payback Date; and
(c) have successfully made a connecting call or SMS to any mobile or used mobile internet at least once in the 3 months prior to end of the relevant Payback Period.

Source: giffgaff Terms & Conditions (dated 16th September 2019)
Tariff Information: giffgaff Website

O2

On O2 Pay As You Go, customers will have their SIM card disconnected after six months of inactivity. You’ll also lose your phone number and any unused credit remaining on your account at the time. From clause 7.1 of the O2 Pay As You Go Terms and Conditions:

7.1. If you do not carry out any chargeable activity at least once in any 6 month period your Mobile Phone will be disconnected and you will lose any remaining credits balance on your Account. If you wish to be re-connected after this time you will be given a new Mobile Phone number.

Customers buying an O2 Big Bundle will see their bundle allowances expiring after one month. The six month inactivity policy only applies for regular Pay As You Go credit (e.g. on the Classic Pay As You Go plan).

Source: O2 Pay & Go: Terms & Conditions (dated 1st October 2018)
Tariff Information: O2 Website

Tesco Mobile

Customers on Tesco Mobile Pay As You Go will lose their service after six months of inactivity. This is stated in clause 5.4 of the Pay As You Go Terms & Conditions:

5.4 If you do not use your Mobile Phone for six months we will disconnect you and you will lose your Credits and Mobile Phone number. If your Mobile Phone is disconnected and you would like to reconnect it, you must call Customer Care.

Source: Tesco Pay As You Go Terms & Conditions (dated 23rd August 2018)
Tariff Information: Tesco Mobile Website

Three

Three will suspend your Pay As You Go account if you don’t top-up or make a chargeable event for six months. According to clause 9.1(h) of the Three Pay As You Go Terms & Conditions:

9.1 We may Suspend any or all of the Three Services you use without notice if
…
(h) you have not activated a Pay As You Go Voucher on your account or undertaken any chargeable events or activities (for example, made telephone calls, sent text or photo messages, accessed content or the internet or any other Three Services for which a charge is made) using any credit or allowance on your account within the preceding 6 month period.

Source: Three Terms & Conditions (dated 17th July 2019)
Tariff Information: Three Website

Virgin Mobile

If you’re on Virgin Mobile‘s legacy Pay As You Go service, there’s an inactivity period of 180 days. You’ll need to make a chargeable phone call or text message at least once during this period. According to clauses 3.7 and 7.2(g) of their terms & conditions:

3.7 Keep talking!: You need to use our Services at least once within any 180 day period either by making a chargeable call or sending a text message. If you don’t we may suspend your access to the Services and disconnect you from the Network. We don’t really want to lose you as a customer so please ensure you keep talking or texting!

7.2 Suspension for other reasons: We may also suspend your use of the Services and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your SIM:
…
(g) chooses not to use our Services within a 180 day period either by making a chargeable call or sending a text message;

If you’re on a very old price plan such as “Pay As You Go Addict” or “Simply 8p”, the inactivity period may be 90 days instead. Please refer to clause 3.8 of the old terms and conditions.

Source: Virgin Mobile: Terms & Conditions for ‘Big Data & Texts’ and ‘Big Talk’ (dated July 2012)
Tariff Information: Virgin Mobile Website

Vodafone

If you’re a Vodafone Pay As You Go customer, you’ll need to top-up your phone or make a chargeable outbound activity at least once every 180 days. This is described in a FAQ on Vodafone’s website:

To keep your Pay as you go number active, you need to use it for at least one chargeable activity – like sending a text or making a call – every 180 days.

If you don’t use your phone for a 90-day period, we’ll send you a text to let you know that your account will expire if there’s no activity within the next 90 days.

If there’s still no activity after the full 180 days, your mobile number will be disconnected and will no longer work.

This is also described in the Vodafone Pay As You Go Airtime Conditions (specifically, the sub-heading titled ‘Leaving us/suspending the services’).

Leaving us/suspending the services. We can suspend, restrict (including, without limitation, prevent you from receiving incoming or making or sending outgoing calls and texts) or stop providing all or part of the services if
…
(ii) you do not use the service for 180 consecutive days i.e. you do not carry out any chargeable outbound activity such as making an outbound call (excluding calls to 191), sending an SMS, using data or topping up your account;
…
If you choose to stop using the services.
Effective from and including 12th January 2021 – If you don’t use the services for 90 consecutive days, we will send you a SMS notifying you to top up your account or make a chargeable outbound call (but not calls to 191), send a chargeable SMS or use your data. If after 45 days from the first notification you fail to do one of the above, we will send you a final notification via SMS for you to use the services. If the services remain unused after 45 days from the final notification, we will disconnect your mobile equipment and you will lose any credit held on your account.

If you’re using one of Vodafone’s Big Value Bundles, your airtime credit will be converted automatically into a bundle each month. If you don’t want your credit to be converted automatically into a bundle, you should change to the Pay As You Go 1 price plan instead.

Source: Vodafone Pay As You Go Airtime Conditions (dated January 2021)
Tariff Information: Vodafone Website

VOXI

VOXI is low-cost Pay As You Go sub-brand of Vodafone. Typically, the vast majority of VOXI customers will have a one-month plan where unused allowances expire with the plan. However, for customers who prefer, it’s also possible to use VOXI for calling and texting on a traditional Pay As You Go basis.

On VOXI, it’s a requirement to use your SIM card at least once every 270 days. If you don’t, your service will be suspended causing the loss of your phone number and any unused credit remaining on your account. This is stated in section 5(b) and 5(c) of the VOXI terms and conditions:

We may suspend our services or end the Agreement if
…
ii. you choose not to use the service for 180 consecutive days. Using the service means purchasing a Plan, topping up or making any chargeable outbound activity;
…

c. If we suspend the mobile services because you have chosen not to use them (as defined in 5b(ii) above) for 180 consecutive days we will send you a text notifying you that you should purchase a Plan or top up your account or make a chargeable outbound call (but not calls to 191), send a chargeable text or use your data within the next 90 days. If you then fail to do so within 90 days from the date of the text because you have not kept to this Agreement or not used the services for 270 consecutive days, we will disconnect your mobile services and you will lose any credit held on your account.

Source: VOXI Terms and Conditions (version 1.8, dated 1st July 2019)
Tariff Information: VOXI Website

Smaller Pay As You Go Networks

On smaller Pay As You Go networks, the inactivity policy can be much more varied. On some smaller networks, your SIM card could be cancelled after as little as 84 days of inactivity. Some of the smaller mobile networks will also expire your credit 90 days after the date of the relevant top-up. This is an important thing to watch out for when choosing a smaller network over one of the major providers.

Co-Operative Mobile

Customers of The Co-Operative Mobile will either need to use their phone for a chargeable call or top-up their account at least once every 180 days. From sections 7.1 and 7.4 of their Pay As You Go Terms & Conditions:

We may disconnect Your SIM if, during the previous 180 days, You have not made a Top-up or used the Service. You will be notified and Your mobile telephone number will be designated for reassignment. On reconnection You will be assigned a new telephone number.
…
Upon Termination (by You or Us) or suspension of this Agreement, no credits or refunds will be given for unused Credit Balance.

Source: The Co-Operative Mobile Terms & Conditions
Tariff Information: The Co-Operative Mobile Website

Delight Mobile

On Delight Mobile, your Pay As You Go credit will automatically expire 90 days from the date of the relevant top-up. For instance, if you were to top-up with £10 of credit on April 1st, any leftover credit remaining from that £10 will automatically expire on June 30th.

Furthermore, if you don’t use your Delight Mobile SIM card for a period of 120 days, it will be disconnected and your phone number will be lost. For more information, see clause 12(b) of the Delight Mobile terms and conditions:

(b) We can cancel this agreement immediately if any of the following occur:

i. Where you do not use the services at least once every 120 days your Delight Mobile SIM will be disconnected from the network, this Agreement will be terminated, multifunctional top-up voucher recorded on your account that has not expired will be forfeited and you will lose your number;

ii. The validity of each top up is 90 days. Post the 90 days validity period, the credit will expire and the customer will not be entitled to a refund of the expired credit.

Source: Delight Mobile Terms & Conditions
Tariff Information: Delight Mobile Website

iD Mobile

On iD Mobile, your Pay As You Go account will be closed automatically after 90 days of inactivity. If this happens, you’ll also lose any unused credit on your account. This is stated within the iD Mobile Pay As You Go FAQs:

I no longer need my Pay-As-You-Go plan. Do I have to cancel it?
No, you don’t need to do anything. Your SIM will expire after 90 days of inactivity, so if you’ve any top-up credit remaining, use it or you’ll lose it!

Additionally, you will also need to top-up your account at least once every 365 days. This is stated in clause 12.4 of the iD Mobile Pay As You Go terms:

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

If you joined iD Mobile before the 15th June 2017, individual top-ups will have a validity of 365 days (e.g. if you were to top-up by £10 on January 1st, that top-up will only be valid until December 31st). This is stated in clause 8.5(a) of the terms and conditions for customers joining before the 15th June 2017.

Source: iD Mobile Pay As You Go FAQ
Tariff Information: iD Mobile Website

Lebara Mobile

On Lebara Mobile, all Pay As You Go credit will expire 90 days from the date of the relevant top-up. For instance, if you were to top-up by £10 on April 1st, any leftover credit remaining from that £10 will expire on June 30th.

In addition to their credit expiry policy, Lebara also requires you to use your SIM card at least once every 84 days. If you don’t make a chargeable phone call or text message for 84 days, your account will be closed and your SIM card will be terminated. Your phone number and your Pay As You Go credit will be lost when this happens.

For more information, see clause 60 of the Lebara Mobile terms and conditions:

60. If you do not use the Pre-Pay Services to make at least one chargeable event or outgoing call for a period of 84 days, this Agreement will be deemed to be terminated by you, and the Service will be disconnected.

Source: Lebara Mobile Terms & Conditions (dated 27th September 2010)
Tariff Information: Lebara Mobile Website

Lycamobile

On Lycamobile, all Pay As You Go credit will expires 90 days from the date of your top-up. For example, if you were to top-up by £10 on April 1st, any credit remaining from that £10 will expire automatically on June 30th.

Further to this, customers will also need to make a chargeable event or will need to top-up their phone once every 120 days (a warning will be sent to you after 90 days). If 120 days have elapsed since the last chargeable event, your account will be closed and you’ll lose any remaining credit. Your phone number will also be reallocated to another customer. Please see clauses 3.3-3.5 and clause 4.6 of the Lycamobile Terms & Conditions:

3.3 If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date you registered or activated your Account or your last use of the Services (whichever is later), Lycamobile will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Lycamobile will then provide you with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.
3.4 If you make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services.
3.5 If you do not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.
…
4.6 From 5 August 2014 any new top up credit shall expire ninety [90] days from the date of top-up or recharge. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.

Source: Lycamobile Terms & Conditions
Tariff Information: Lycamobile Website

Vectone Mobile

On Vectone Mobile, your Pay As You Go credit will automatically expire 90 days from the date of the relevant top-up. For example, if you were to top-up by £10 on April 1st, any leftover credit remaining from that £10 will automatically expire on June 30th.

Furthermore, in order to keep your account active, customers must use their SIM card at least once every 120 days. If more than 120 days have passed since the last chargeable activity, your account will be closed and your phone number will be lost. For more information, see clause 12(a) of the Vectone Mobile terms and conditions:

(a) We can cancel this agreement immediately if any of the following occur:
i. Where you do not use the Services at least once every 120 days your Vectone Mobile SIM will be disconnected from the Network, this Agreement will be terminated, any Multifunctional Top-up Voucher recorded on your Account that has not expired will be forfeited and you will lose your Number;
ii. If any call credit is not used within 90 days, (including any credit that has been allocated to you by a Vectone administrator) Vectone will place your My Vectone Account on inactive status and you will not be entitled to a refund of any remaining credit stored thereto.

Source: Vectone Mobile Terms & Conditions
Tariff Information: Vectone Mobile Website

As always, we’d strongly recommend you double-check the details here against the latest information from your mobile network’s website. Terms and conditions can change on an occasional basis so it’s important to have the latest information on credit expiry and SIM card cancellation.

More Information

For more information, please refer to your mobile network’s website. Currently, our recommended mobile network for light users is 1pMobile due to their low rates and their flexible Pay As You Go service.

If you’ve chosen a mobile network that you’d now like to join, please see our guide to the latest free SIM card offers. You can also see our Pay As You Go price comparison tables and our guide to transferring your phone number between mobile networks.

Your Comments 294 so far

We'd love to hear your thoughts and any questions you may have. So far, we've received 294 comments from readers. You can add your own comment here.

  • Dennis Mark said:

    Since I opened an account with 1pMoble last week I cannot print text messages to send. Although I can receive them. What is wrong and how can I fix it.

  • Kevin said:

    O2 classic payg is ambiguous. The 6 month expiry without a chargeable event is stated. However, on the website it states that the sim can be cancelled if you don’t top up or apply a bolt on within a 6 month period. 2 entirely different things. So which is it?

      • Kevin replied:

        Hi Ken
        I went into an O2 shop yesterday and queried this. The O2 guy came at me with a 3rd interpretation. He said an O2 payg sim starts to shut down after 3 months of inactivity and the number is cancelled altogether after 6 months. It really is difficult to get this point straight with O2.

        I’d still back your view though – at least it is consistent with other mobile companies

  • Rob said:

    The terms and conditions specified, for termination of a PAYG sim because of inactivity, with the retention of any unused credit may be incompatible with the Consumer Rights Act 2015! I am currently in a dispute with Three, regarding their retention of my unused credit on a 321 plan but other service providers include similar clauses and could perhaps be challenged on the same basis?

    If a termination clause is prominently displayed in the marketing of the product, which is the case with 1pmobile.com, then this may not be applicable but more often these are hidden in the small print. If anyone is in a similar position, then the link to the relevant guidance and applicable sections is provided below:

    Guidance on the unfair terms provisions in the Consumer Rights Act 2015, 31st July 2015 CMA37

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

    Specifically, page 94:

    Trader’s right to cancel without refund – Schedule 2 (second half), Part 1,

    paragraph 7

    Part 1 of Schedule 2 states that the following may be unfair:

    (7) A term which has the object or effect of … permitting the trader to

    retain the sums paid for services not yet supplied by the trader where it is the trader who dissolves the contract.

    5.17.1 Cancellation clauses which allow the trader to cancel without acknowledging any right on the part of consumers to a refund of prepayments can be particularly open to abuse. This applies equally to deposits and sums paid when (or after) the contract is entered into.

    5.17.2 As with cancellation rights generally, concern arises particularly where such a term could be used at the discretion of the trader. But even a more restricted right to cancel, for example, along lines indicated in paragraph 5.16.5, is likely to be unfair if it could allow retention of prepayments for which the consumer has received no benefit.

    Trader’s right to cancel without notice – Schedule 2, Part 1, paragraph 8

    Part 1 of Schedule 2 states that the following may be unfair:

    (8) A term which has the object or effect of enabling the trader to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so.

    • Rob replied:

      This is very interesting Rob. Tesco cancelled my PAYG 2 months ago and I asked about refunding my credit as the phone couldn’t be used at home as I have no signal and with self isolating I wasn’t going out. They told me it was ofcom who did the disconnection but I don’t believe them. I would be very interested to know how you get on with your claim.
      Rob

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