Three wont return phone within 14 day cooling off period

polyalloy

My friend also upgraded when get phone call from 3. Since he knew little about phone, the caller gave him a nokia 3120 300 minutes with 18 month contract £17 per month. He only realize that his upgrade was a con when he saw the phone. any new customer can get the same phone and tariff on a 6 month contract £15 per month.
Fortunately he didn't use or turn on the phone. but he may still be charged £105 if Three say he did.
Avoid Three at all cost!

ssgtsnelly

Threes policy is that they dont return handsets if they have been modified in any way even within 14 days. The policy would be for a like for like replacement handset to be issued if indeed yours is faulty. Im assuming that the network is not obliged to offer a cancellation if the handset is used.

The reason they do this? Because it keeps costs down and that will eventually lead to the cheaper line rental that you recieve on products. O2 and others are happy to offer a cancellation as the line rentals they charge obviously takes these unforseen costs into account which is why in general you will pay more for the same product on O2.

I very much doubt 3, regardless of how bad thier CS is would expext you to keep the faulty phone and under SE manufacturing warranty will replace the handset with a new one within 28 days.

jimmyjim_uk

Call 3 again, their advisers at times give conflicting information. I'm not with 3 any more but when I had a problem I used to call them 5 times and take the answer with the highest tally.

dreamypuma

I haven't been with 3 for about 6months now, but I recall being very aware of the fact that they would not allow you to cancel if the phone had been switched on.

I seem to recall that it was in the T&Cs supplied in the box with the phone. The OP should check their documentation.

This said the T&Cs do not supersede the consumer statutory rights, under DSR

polyalloy

Sorry if it's a silly question but
How can they know whether you switched it on or not without turn it on by themselves?

pixelchick10

Call up the consumer advice line on the Office of Fair Trading website and ask what your rights are -- they have very helpful lawyers who often man the phones and dish out free advice. Under the distance selling regulations I'm sure you have rights ...

ssgtsnelly

Poly, they are able to know that the phone has been turned on as it still transmits a signal even without a sim card., its a way thats used for them to be able to bar handsets that are gained through fraduulant activity or that are lost and stolen.

Money_Grabber13579

They are required by law to offer at least 7 days cooling off period. If not they are breaking the law. I'd tell them so. See this link.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Then look under exceptions. There's nothing in there that would make 3 exempt.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/regulation-exceptions

You need to be persistent with them, otherwise they'll try and take you for a ride.

samba

ssgtsnelly wrote: »

Poly, they are able to know that the phone has been turned on as it still transmits a signal even without a sim card., its a way thats used for them to be able to bar handsets that are gained through fraduulant activity or that are lost and stolen.

Some models of phones also record the information about when they were first activated/ how long they have been switched on for in non-volatile memory for diagnostic purposes, so 3's engineers may well be able to read out those diagnostics from the phone.

USELESS-BT

Typical example of rogue companies. I bought online a Pay as You Go phone with skype from three for £49.99. They send email saying that the phone is on its way and it is £8.70 monthly fee!!. I phoned customers services, and emailed them three times to cancel and not send the phone. they still sent it. I did not sign for it and the courier took it back. I asked for full refund. They said i should have recieved the phone and opened the package and filled the forms, and sent it back to them. after several phone calls and arguments they finally said they received the phone unused and will refund me. three months now and i am still not refunded. nothing they honour, not the Credit Card Quarantee, not the 14 Day Money back Guarantee, nothing at all. It is the worst example of aggressive dealings with cutomers, despite the faults are all theirs. I have not even recieved the phone. 3 weeks ago one CS member said it will be in my account in 3 working days. now three weeks and i am still waiting. I am filing a complaint with Office for Fair Trading, and the OTELO, and OFCOM, not that any of these useless bodies can do anything but I have to do this before i go to small claims court, and the effective BBC watchdog if they do take up this. NEVER GO NEAR 3 mobile. They are rogue and useless. just read the reviews.