Contract Cooling Off period

24

Comments

  • DaisyDaisy
    DaisyDaisy Posts: 29 Forumite
    hey,

    just checked with consumer standards- no legal right to cancel just because you change your mind. and if you do cx they can claim the full amount off you.
    i'l love for someone to prove me wrong... don't understand why it is possible to change clothes etc- is that a goodwill thing?
    otherwise, live and learn i guess.
  • gk172
    gk172 Posts: 1,875
    First Anniversary Combo Breaker First Post
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    I think most networks except tmob offer the 7-14 cooling off period, but you dont have to say youve changed your mind, you can say you dont like the phone - poor coverage at your house or even recent change of circumstances meaning you cant afford it, what i would do is phone phones4u asking about returning it and see what they say. I was told a few weeks ago when i took out my 02 contract from p4u that i had 2 weeks change of mind which i havent but i have returned a phone to 02 after a few days stating i just didnt like the phone - ok no problems cancelled and from memory all i was charged was 2 or 3 days line rental a few pounds.
    The more i save the more i can spend:rotfl: :rotfl: :rotfl:
  • deutzkiwi
    deutzkiwi Posts: 132 Forumite
    DaisyDaisy wrote:
    ... don't understand why it is possible to change clothes etc- is that a goodwill thing?
    otherwise, live and learn i guess.

    My understanding is its because if you return clothes, which are requested returned in "saleable" condition, the retailer can do just that - sell them again. Phones can only be sold again as reconditioned, at an average discound of 30%.

    My suggestion would be the same as the PP, call one or two of the stores - it doesnt have to be the one you went to, and you dont have to give your details - and just say you've just got this contract, and would like to return it, and see what they say. I'd suggest just saying you've had a change of mind/circumstances, if you say the coverage/handset is poor, they'll just try to get you onto another one. Good luck.
  • Anon
    Anon Posts: 14,545
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    jumper wrote:
    Omg poor advice Anon.

    Are you telling this poor person once they sign the contract in a shop there is no mandatory cooling off period? In which case you would be wrong.

    With respect, there is no mandatory cooling off period for purchases instore (there is for online, phone or mail order under the Consumer Protection (Distance Selling) Regulations 2000), although the specific network contract may allow this, as noted on the Citizen Advice Bureau website (http://www.adviceguide.org.uk/index/your_world/communications/mobile_phones.htm#Contracts)
    You cannot return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if your contract gives you a right to cancel. If it does, the mobile phone company may charge you to do this – details should be in your contract. However, there may be other circumstances in which you can cancel your contract free of charge: for example, if you have paid by credit, signed the contract in your own home, or ordered the service by post, phone or over the internet.

    Further, the Consumer Direct website (consumer advice site developed by the government - http://www.consumerdirect.gov.uk/goods-service/mobile/fs_b01.shtml) states
    When you buy a mobile phone, in order to make or receive calls you will need to be connected to a network. You may do this by having a line rental contract or through buying a voucher which will allow you access to the network. At this point, you will enter into a contract with the Network Service Provider. You have no rights if you simply change your mind.

    It will be tricky checking any details on their website, as online contracts are generally different to instore - therefore the OP needs to check the contract they signed/details provided by 4u as that may have a cancellation period (beyond statutory rights).

    Not trying to be smart, only trying to help, but there is no mandatory cooling off for products bought from a shop (faults, misselling etc are separate issues, some shops may out of goodwill offer a different policy).

    Anon
  • Jarlawuk
    Jarlawuk Posts: 555 Forumite
    Ok lets clear some things up, I work for phones 4 u.

    We don't do returns from something purchased online - run seperately so our systems couldn't deal with it (no details/info/etc)

    T-Mobile are different from the other networks, in that they don't have a cooling off period.

    After a long time away we have reintroduced a disclaimer form for customers to sign to say that they realise that there is no returns policy on T-Mobile. The only time we can do a return is when there is no signal/coverage, at which point we do another contract on another network for the customer before returning the T-Mobile one.

    Before this sign off sheet was introduced we used to cancel T-Mobile, but I doubt any manager will let you do so if you have signed the disclaimer form.

    Best thing for you to do might is probably speaking to customer services on 0870 906 1830 - stores will let you use their landline to call that number if you don't fancy paying for the call :)

    Hope this helps.
  • deutzkiwi
    deutzkiwi Posts: 132 Forumite
    Jarlawuk wrote:
    T-Mobile are different from the other networks, in that they don't have a cooling off period.

    The OP is on Vodafone.

    So there you go, you will be able to return it.
  • jumper_2
    jumper_2 Posts: 39 Forumite
    Yes herein lies the confusion as deutzkiwi points out you should be able to return it if you are persistant. If other people can return phones simply ask them why you're any different. However it would appear if you walk into the shop and take out the contract yourself, then you have no legal right to cancel (unless it was mis-sold to you). But if you were under the impression you could return it then this becomes a grey area -- which certainly seems the case -- and I think P4U will be wise to cave in.

    Suprises me as I would say there is more pressure in-store or if you receive an unsolicitated sales call than if you browse the web looking for a deal, in the latter two cases you are arguably over-protected.
  • DaisyDaisy
    DaisyDaisy Posts: 29 Forumite
    Hi, thanks for all your help. Anon was right- I have no legal right to cancel, but Vodaphone do allow a 2 week cooling off period. So after endless hardselling i was able to renegotiate to a stupidly cheap 12 month deal. Interesting tip- take out a contract (Not T Mobile) go in to cancel it, and they will offer you EVERYTHING to keep it!
  • DaisyDaisy wrote: »
    Hi- Help- I have just signed up to a 18 month contract with Phones 4 u. it seems like a good enough offer- 12 months half price, freebies etc, but i'm not sure if i want it- i might be better off on pay as you go.

    What is the cooling off period- is there one? I can't see on the contract, but is there some legal requirement. Please help- this is one hell of a spur of the minute purchase!

    D

    You can cancel a contract within 14 days of having signed. In the case of mobile contracts you need to call them and state you would like to do a "14 day contract cease". Most wont even question why.
  • DaisyDaisy wrote: »
    Paperwork doesnt mention any cooling off period-

    I know the staff will make it difficult to cancel- their job is to sell. I want to know if i have any rights to cancel before i go in.

    I went in on monday 16th of july just to find out about my phone because it was very hot and they ended up selling me a contract for 24 months on vodaphone. i am happy with the phone and the contract apart from mostly everyone in my family is on virgin so i went in and asked them to cancell and i spoke to a lady on the phone from customer service to which her reply was no we cannot cancel it. im disgusted with the response and they have no cooling off period which i thought was against the law so i am looking into it at citizens advice so im sorry to say but i think ur stuck with it as am i!!:mad:
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