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  • FIRST POST
    • mzayed92
    • By mzayed92 28th Sep 17, 1:06 PM
    • 2Posts
    • 2Thanks
    mzayed92
    Cancel within 14 days
    • #1
    • 28th Sep 17, 1:06 PM
    Cancel within 14 days 28th Sep 17 at 1:06 PM
    Hi all, I am new to the forum so forgive if I make any mistakes.

    I recently took out a contract with o2 through mobiles.co.uk however due to finding a better deal with sky I would now like to cancel. I am within my 14 days still. However on the mobiles.co.uk site it says 'We will only be able to offer a refund if the goods being returned are unused and in their original packaging. Inserting your SIM card into the handset will signify acceptance of your contract and you will therefore not be entitled to return your handset or cancel your contract. All equipment including manuals, free gifts and accessories must be returned undamaged and in the same condition they were first supplied.'.

    I have turned on the phone and begun using it. But does this actually affect your rights in the 14 days? Thanks for any help. Much appreciated.
Page 1
    • Colin_Maybe
    • By Colin_Maybe 28th Sep 17, 1:26 PM
    • 1,381 Posts
    • 589 Thanks
    Colin_Maybe
    • #2
    • 28th Sep 17, 1:26 PM
    • #2
    • 28th Sep 17, 1:26 PM
    You've answered your own question haven't you? You started using the service so you've accepted the T&C's.
    • beebrook
    • By beebrook 28th Sep 17, 4:09 PM
    • 40 Posts
    • 49 Thanks
    beebrook
    • #3
    • 28th Sep 17, 4:09 PM
    • #3
    • 28th Sep 17, 4:09 PM
    Basically, the cooling off period allows you to change your mind, not 'test it out'.
    Debt to date: £4731.75 - 97.2% left to go
    Debt upon joining (Sep'2017): £4,870 - Loans, Credit Cards & Nationwide Overdraft
    • jon81uk
    • By jon81uk 29th Sep 17, 9:52 AM
    • 778 Posts
    • 503 Thanks
    jon81uk
    • #4
    • 29th Sep 17, 9:52 AM
    • #4
    • 29th Sep 17, 9:52 AM
    I expect you can cancel the contract (due to the legal cooling off period) but you may be liable for the handset and any call costs you have already used. As the phone has been used the handset can't be returned under the distance selling regulations, but you might be still in the cooling off period for the contract only.

    https://www.citizensadvice.org.uk/consumer/phone-internet-downloads-or-tv/cancelling-a-phone-tv-internet-or-mobile-contract/
    • mzayed92
    • By mzayed92 5th Oct 17, 4:53 PM
    • 2 Posts
    • 2 Thanks
    mzayed92
    • #5
    • 5th Oct 17, 4:53 PM
    • #5
    • 5th Oct 17, 4:53 PM
    Just to let you all know I was able to return both the contract and the phone even though I had used it. The upfront cost has been returned to me and the contract cancelled.
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