Purchased iPhone on O2 today without realising not out of TMobile contract!

Question

Hi there
Today I purchased an iphone 3GS at Carphone Warehouse in Central London. I am currently on TMobile and they went through all relevant checks to get me onto O2 etc. However although CPW told me I needed to get a PAC code from TMobile they omitted to tell me that if my contract was not due for expiry I would be subject to penalty chargs from TMobile!
In meantime, I get set up on O2 and buy the iphone etc. But when I phone TMobile to get my PAC code they tell me I am still under contract with them until January 2010 and if I end contract now I will have to pay £160 penalty to do this . . I was livid, not expecting it all. So didn't cancel my contract there and then but decided to go back to CPW for further advice.
Anyway, I go back to CPW to see same guy as I saw when I bought the iphone earlir and tell him not happy he didn't point this out etc. but he tells me there is nothing CPW can do - if I break the contract early with TMobile, I break the contract, simmple as, and if necessary have to pay fees to do it - on the basis that they're losing my monthly business.
I am currently on TMobile Flext 35 tariff - the guy at CPW did suggest I could call them back and ask them to put me on the next tariff down and then ask them to cancel my contract after I've downgraded. as the penalty may work out cheaper.
So right now I am in a dilemma - I really really want the iPhone but don't want to pay £160 to TMobile for the privilege!! I have already paid £96 for the iphone to Carphone Warehouse.
So . .
- should I just wait for my TMobile contract to end in January and cancel my iphone and retrn everything back to Carphone and get my money back? (if I do this won't be able to reapply for an iphone for 3 mths).
- should I ask TMobile if I can downgrade my account to next tariff down, and then call them back to get the PAC code in hope that it will be a smaller penalty?
bottom line is - does anyone know if there is a "backdoor" route around the whole TMobile contract penalty so I don't have to pay £160 . ?
I so want the iPhone but not prepared to shell out more ££ to TMobile.
Any help plesae!!!
many thanks for any help & advice with this

Answer 1

Thank you for the quick response. Unfortnately I have been a little naive on the contract side of things and assumed you would just be able to leave. Or at least pay a much smaller tariff. I will see what the lowest tariff is that TMobile could put me down to.
One thing - I want to keep my existing mobile number on O2. I wouldnt be able to do this if I kept T Mobile and O2 running at same time would I?
thanks regards