Contract Cooling Off period

[DaisyDaisy]

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

[the_tired_one]

Usually 7 or 14 days (depends on the service provider) - you should be able to contact Phones 4 U (online) and get a returns code. Or take it back to the store , and if everything is unused - you should be allowed to cancel and get any money back. 1st Direct debit may go through but will be refunded the month after.

[Anon]

Online and offline contracts are different in terms of cooling off - online are covered by distance selling regs, offline (ie from the shop) are not.

I don't know the 4u cancellation policy but seem to recall in everything I have seen from other retailers that TMobile have a different policy to everyone else.

I know it may be stating the obvious, but you should not be signing contracts for 18 months (or 12 months for that matter) as a spur of the moment decision - check the small print, check the detail before signing up and be sure that the contract/tariff suits your needs. That said, it is possible to sign in haste when you see what appears to be a good offer then spot something else even better soon after - if you have changed your mind and it is possible to cancel, get it done quickly to make sure that you cancel within the stated period.

Anon

[DaisyDaisy]

has anyone managed to cancel a tmobile contract from Phones 4 U?

[DaisyDaisy]

arg- its vodaphone. anyone know about vodaphone cx policy in Phones 4 U or other shops. all i can find online are online mobile contracts. i also tried ofcom. does anyone even know where to look?

[Woby_Tide]

what does the paperwork you signed say? and the staff at the shop?

[DaisyDaisy]

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.

[jumper]

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.

[DaisyDaisy]

thank god- any way i can find out my rights on this? I am worried they are going to make life dfficult for me if i just go in. i want to know what i am talking baout...

[Woby_Tide]

Originally Posted by jumper

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.

In which case maybe you could provide the relevant info about how long a cooling off period the OP may have so she can deal with it accordingly

[jumper]

I honestly don't remember or I would have , there's always a cooling off period these days when you sign something. The rules vary if its timeshare, doorstop, mobile phone etc. i would check the trading standards/CAB (citizens advice bureau) it will be on there

PS You'll need to find out or they will rely on our collective ignorance.

[DaisyDaisy]

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]

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.

[deutzkiwi]

Originally Posted by DaisyDaisy

... 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]

Originally Posted by jumper

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/....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/goo...e/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]

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]

Originally Posted by Jarlawuk

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]

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]

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!

[damoollie]

Originally Posted by DaisyDaisy

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.