3 year handset clawback

I migrated from a Talk500 contract to a Red Advantage package more than 2 years ago. I went in to query why an upgrade was not due and was told that as I had migrated early I would only be able to upgrade to a new handset after 3 years. This means that on the Red Package my handset cost is clawed back over 3 years as I still paid the handset charge for the Talk500. Where is that fair? I'm really disappointed and even considered 'shudder' going to CellC for their contract buyout offer.