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3 mobile cancellation?

My partner received a phone call from a guy from 3 offering her a new phone for 20 a month contract, The salesman said that with the phone she would be able to surf the Internet for free, watch TV, access my-space, You tube and send MMS Messages.

We decided it was a good deal so we went ahead and agreed to the phone,

When it turned up we did the obvious thing of setting it up and starting to use it. We then found that the handset does not support using things like iplayer or you tube and the Internet was not free to surf! not only that it was never in 3g reception anyway and when it was it would take about 10mins per page to load.

Not happy with the phone and believing that my partner had been miss-sold the phone and lied to about the features i called 3 and decided to cancel the contract as it was within 14 days. However 3 said that because there are now charges to the account and we have used the phone they will not cancel the phone within the 14 days and i will have to pay the full term of the contract.

I am happy to pay for what i have used and even told the guy at the call center this but he said that the 14days was void because i had used it.

How were we meant to know if the phone did everything it said if we didn't use it?

SO what do i do now? who should i ask to speak to and does anyone think that i have a case against them?

Cheers for any help. Jon

Comments

  • john-306
    john-306 Posts: 741 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Unfortunately if you put in the sim card and turn the phone on you won't be able to send it back to 3 and cancel.

    You say
    "My partner received a phone call from a guy from 3 offering her a new phone for 20 a month contract, The salesman said that with the phone she would be able to surf the Internet for free, watch TV, access my-space, You tube and send MMS Messages."

    So this was an upgrade?
    What phone and what price plan and any extras?
    What's this "20 month contract" do you mean 12 months or 18 months?
  • Hi,

    I had a similar experience last year whereby I wanted to return the phone but I had put the sim in - I wasn't aware of this restriction - how else was I meant to test that I liked the phone?

    Anyway, in the process of trying to cancel I found out that three record all their calls where they're selling an upgrade - the call forms part of official agreement. Maybe they should check what the guy said to you on the phone?

    Hope this helps.
  • Derek you are of course banking on the fact that the sale was actually made by 3 and not a 3rd party. Its very easy for 3rd parties to say they are 3 but not actually be the real deal.
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