Help me get out of mobile contract...

Jo77

Hi

I have been with e2save for 18 months and as I am happy with my tariff I decided to upgrade with them to a new handset.

I had several phone calls with rep, I specifically said I wanted a silver W880 or W890 Sony Ericsson. Part way through closing the deal I had to rush off to a meeting at work & the rep said he would call me back later to finalise everything (which he did, although was rather rushed as I was busy). I assumed I was getting a silver model as thats what we had discussed earlier. But I did say to the rep, can I send it back if I dont like the phone & he said 'yes' within first week.

The phone arrived & it wasnt the silver model. I called to get an exchange & they were very unhelpful, saying that the rep told me it was a black model. I then said I would send the phone back & cancel the control to which they told me I couldnt cancel the contract (as I had agreed to extend my 18 month contract with O2). I debated with them for some time & quoted the Distance selling Regulations, to which they said as I was currently using the contract it was excluded.

They have since agreed to exchange but have not given me a very good choice of phones.

Can anyone advice where I stand legally? They have cheesed me off now & would be keen to cancel my contract completely & go elsewhere.

Jo

anitalg

Distance selling should still have applied, wether it covers a choice of colour tho... its usually to cover the fact you havnt held and used the handset

Cavey

anitalg wrote: »

Distance selling should still have applied, wether it covers a choice of colour tho... its usually to cover the fact you havnt held and used the handset

Not quite. The distance selling regulations have an exemption for contracts regarding services that commence before the end of the cooling off period with the agreement of both parties. As such it is very difficult to get out of an upgrade contract when the service is already running. (Sorry).

Now complaining under the sale of goods act that the item was not as described, that *should* be worthwhile. However, it could be that they offer you a refund and, if you didn't pay for the phone, that would get you... well, nothing.

However, I still do not understand how these companies can claim that you requested something you didn't, not provide the audio recording of the call to back up their claims AND expect you to remain tied to a new 18 month contract. It doesn't make sense to me.

Bufflowbill

I usually find when dealing with the Carphone Warehouse Group and not getting anywhere fast, an email to CEO Charles Dunstone works wonders.

dunstoc<at>cpwplc.com

baldelectrician

Call them and ask for a SAR (Subject Access Request) for your account - make sure you request all recordings of the upgrade conversations.

If the recordings say you have agreed to a different colour you're stuffed. If they say what you say here you've won. If the upgrade call isn't available they are stuffed as they can't prove you entered in to a new contract.

I personally wouldn't keep the phone and send it back recorded delivery stating you reject the goods as they were not 'as described', and as such are cancelling the upgrade.

Then call o2 and ask what they can do- they will have more leeway than the 3rd party con merchants.