Cancelling a Mobile Phone (one day old)

2bFrank

Hi fellow MSEs,

I am posting to appeal to any savvy consumers that could offer me advice for cancelling a mobile phone contract that was taken with the Carphone warehouse with O2 that was bought yesterday.

Yesterday my girlfriend went into the Carphone warehouse and impulse bought a Motorola Razr V3 Pink on an O2 tariff contract. When she shown me the contract I was astonished at the price of the tariff she was placed on, she hardly got any free minutes or texts yet paying quite a high price for it £30. When I shown her on the internet the tariffs she could have got for a lot cheaper price with the phone she agreed to let me take it back.

When we tried to take it back to the Carphone Warehouse they wouldn’t take the phone and cancel the contract, I had to speak to four people (two management) all giving me different reasons why we were not allowed to return the phone. One person on the helpline we had to call in store, the apparent supervisor was rather rude and abrupt in his dealing and would not let me explain the situation.

I was wondering what kind of laws are available for this, I know with most financial products you are allowed a cooling off period for seven days, in which you can cancel the contract, is their anything that could help us with this situation which we could use, the contract is less than 24 hours old. This contract is going to cost my girlfriend a lot of money if she continues with it, I can see it now in a few months I am going to have to lend her money for the bill because of the amount of texts she sends, I’m sure if you add up all the texts in one week that she sends it would rival the entire Shakespeare back catalogue.

Anyways any information or direction would me very much appreciated.

Regards, 2bFrank

P.S. Carphone warehouse claim that they are the only place where you can purchase the Motorola Pink Razr V3, however after a quick look I found over five places where I can get the Pink version of the phone on a much cheaper contract.

Amba_Gambla

that's crazy - of course you can cancel the contract!

go back and give the salesman a slap, he's just scared of losing his comission

Call customer service, but don't use their stupid 0870 numbers....

call Carphonewarehouse on 0800 0491008 and ask for o2 customer services.

I despise the carphone warehouse and they deserve a good kicking for this - don't take any of their crap. I'm not sure on the legal issues exactly, but you are entitled to a cooling off period by law (on any contract(??) eg: gym, job, phone, loan etc)

Halaku

The 7 day period only applies if you are buying online (or through a catalogue).

You still have your statutory rights however, meaning if the product has a fault which you were not informed about, you can claim for a full refund, so long as you do it within a "reasonable" time period.

So if the phone developed a fault over the next couple of days, say very poor reception quality, you have every right when returning it to claim a full refund. If you're worried about being recognised, just go to a different branch of Carphone Warehouse and speak to them about it.

Failing that, try and renegotiate the contract for a package with more text messages, or try a "bolt on" scheme.

Good luck, and let us know how it goes!

Woby_Tide

poor reception unless it's a broken antenna on the phone isn't a fault

Amba_Gambla

surely there's a cooling off period when you commit to any contract..

what about when you buy pvc windows etc

it helps to prevent pushy salespeople - when some ppl just sign to get rid of the salesman

Halaku

Woby

I meant reception/sound quality, I said that because the first phone I ever bought had really poor line quality. I called up the link and asked for a replacement, and they did no questions asked. The replacement worked fine. Whatever your reason, I dont think it matters.

Amba

Most places do offer a cooling off period, but I believe they aren't legally obliged to. They can refuse to refund a purchase if your reason is just that you changed your mind.

Its a different story with long distance buying of course...

MORPH3US

I thought that the CPW used to do a 14 (or could be 7) day money back guarantee.

Go to the shop and get one of their brochures, i'm sure it says something like that in there.

Keep us informed on how you get on!

M

Halaku

..........

Murray

I'd go to a different CPW and tell them that you dont get a reception at home on O2 so you would like to cancel the contract. (I know its a fib but the CPW arent exactly honest with their customers!). O2 definately offer a 14 day money back guarantee so I dont see why CPW cant!

ash333

CPW have screwed me around so much I love the oportunity to screw em right back!
So...
....I rang up on the 0800 number and spoke to a chap from their Direct Sales team. He assured me that there would be no problem taking back a phone on contract bought the previous day, as different networks have different cooling off periods, but 02 do definately have a 7 day Peace of Mind policy.
If I were you I would go into the shop with your girlfriend and calmly yet assertively explain the problem. Ask for both the Managers and the Salesmens full names and write them down. This will usually help without having to threaten to take it higher etc, but if neccessary do. I would explain that this package has been missold, and as such does not form a binding contract. In the extremely unlikely event that this does not work then simply send the phone and copies of ALL paperwork that you were given inc reciepts, the actual contract, the lot to their head office marked for the CEO, a Mr Charles Dunstone, along with a covering letter explaining the problem. In the letter lodge a formal complaint against both the salesman and the manager and explain that you have been misled and then LIED to.

However, as much as I do have the greatest sympathy for you, I sincerely hope it teaches your girlfriend a harsh lesson of reality.

Good Luck,
Ash333

ash333

Also point out that they are not the only place with the Pink RAZR, and that this is misadvertised and they can be fined!