3 contract wont let me cancel only had 4 days!!! Help please!

DonnaMack

Hello,

Please can someone help me?

Had a call from how I though was 3 about my mobile, was advised that because I was a loyal customer I was entilted to another phone and a 25% distcount. I thought this sounded really good! The said it would be a new contract I asked why I couldnt use the number and account that I have already have but was advised that they dont really work like that. So stupidly I agreed! I received the phone on the 15th Jan and rang up to active, thought I would check that my old contract was going to be cancelled because of my loyal customer upgrade and was advised no as doesnt finish until June, I complained and asked why they would offer me this in the first place and said I wanted to cancel. Had to wait for phone to be activated before I could cancel they said. So I rang them today and now been told because I have set the date and time on the phone that I can not return it or cancel it!!!!!! Please can I have some advice as this is a discrace! I asked to speak to speak to a manager but over an hour later I am still waiting for my half an hour wait call back! Please please please can anyone help??

x

Quentin

It maybe that by using the phone you are deemed to have accepted it.

Check the small print to see the cooling off/return details. If you have already commenced the contract with 3 it is going to be an uphill battle!

DonnaMack

Hello,

Please can anyone help me?

Had a call from how I though was 3 about my mobile, was advised that because I was a loyal customer I was entilted to another phone and a 25% distcount. I thought this sounded really good! The said it would be a new contract I asked why I couldnt use the number and account that I have already have but was advised that they dont really work like that. So stupidly I agreed! I received the phone on the 15th Jan and rang up to active, thought I would check that my old contract was going to be cancelled because of my loyal customer upgrade and was advised no as doesnt finish until June, I complained and asked why they would offer me this in the first place and said I wanted to cancel. Had to wait for phone to be activated before I could cancel they said. So I rang them today and now been told because I have set the date and time on the phone that I can not return it or cancel it!!!!!! Please can I have some advice as this is a discrace! I asked to speak to speak to a manager but over an hour later I am still waiting for my half an hour wait call back! Please please please can anyone help??

x

spiro

You should be covered by the distant selling regulations which give you n days (7 or 14 I think) to cancel. When I got a Vodafone mobile broadband stick for my laptop recently that wont work because of my version of Vista they didnt care that I have connected it up just that I return is 'as received' i.e. all the packaging etc. They even sent a prepaid evelope to return it all in.

DonnaMack

I havn't made any calls or had any though, does this count for anything?

Astec

Distance selling act, I'm sure your eligible to a 14 day cooling off period once you receive the phone. Demand to cancel immediately and make a formal complaint.

soolin

Astec wrote: »

Distance selling act, I'm sure your eligible to a 14 day cooling off period once you receive the phone. Demand to cancel immediately and make a formal complaint.

Doesn't the item have to be returned completely unused though, I thought once you broke the seal or used an item you were deemed to have accepted it?

I am also concerned about the second phone scenario anyway and wonder if OP might clarify for some better responses. The OP says that this was a 'second phone' and I took that to mean a phone over and above their existing contract which would make this sort of OK. However if they were told this new phone was an upgrade or just a replacement to their current contract then I would see that as mis selling and would complain. I am also concerned as to whether this is really 3 or one of those other companies that resell for 3 and give the impression they are phoning officially from 3 yet will set up new direct debits for an entirely new contract through a third party.

digp

But this is 3 the OP is talking about.

CMG_2

I think I am going to have a similar issue with 3 as I have just received the worst service ever. Where do I stand though? Phone was delivered last Tuesday and new contract term doesn't start until 4 Feb. Do I have a 14 days cooling off period? I would seriously recommend not using 3 if anyone is considering it.

DonnaMack

Thank you sooo much for all the response and advise.

I spoke to Consumer Direct who advised me of the Distance Regulations act 2000. She told me to return phone with a letter basically referring to the Regulations act and stating that I have not made or received any calls therefore there services hadnt officailly started also said to mention that I have by rights a 7 day cooling off period. I would definatly recommend ringing comsumer direct with any queries like this, they where so helpful and polite. I spoke to 3 and told them what I was going to do and they said not to return phone and if I did they would return it back to me! They are the worst company I have had to deal with. I am still going ahead with returning phone as the lady advised, only thing I am worried about is that 3 reluctantly would only give me a PO Box address to return phone and because I need to send it recorded not sure if my proof of return will be enough if they start trying to con me, again!! Does any one have another address or any ideas please?

magic

Distance selling law covers you for seven days so you can still return...