Please help: how to resolve probs with CPW?

pigeonpie

I bought a PAYG SE Z520i yesterday at CPW instore as I'd read a lot about the phone on the web, decided I liked it but went to have a look at it before buying - and it was 10 pounds cheaper in the shop. My usage is low. They tried to talk me into a 15 pcm PAYM with O2 or Orange but those were all rising to about 30 quid after 6 months. I asked if there was any tariff that was 15 quid max for the duration and they said no, not even the FlexT with T Mobile.

Another customer came in while I was just about to buy my phone, complaining she didn't like the phone (same one) as the camera kept going off in her pocket. The CPW staff all made out that it was a fault with her particular phone. It isn't......it's a great little phone but being clamshell has no keypad lock or camera lock so every time you as much as touch the camera button, it takes a picture. As it's small (I have small hands) every time you open the phone it takes a picture - you don't have to set it in "camera" mode to snap away and the shutter's right where your hand touches :mad:

Plus when I got home I double checked on the T Mob website, to find that for 15 quid a month I could have got Flext 20 for 100 mins and 100 texts pcm. I rang CPW central number and they said pitch it to the individual store manager to give you a refund. He pretty much said to always buy online even if it's more expensive as you have more rights!

I doubt the manager will give me the refund. They said several times no refunds, you can just exchange the phone if you aren't happy with it. (There are no other PAYG phones in stock in the same price range btw and very few SEs; just one Panasonic at 10 pounds more, which they had dissuaded me from buying in favour of this one!). They were also being really tough with a customer on an expensive PAYM contract next to me. This is not a faulty phone but a design fault (I checked with SE) unmentioned on website reviews. The phone that I chose in store was not fully shown to me in that its functions weren't explained nor was I allowed to try it out as a working phone - there was a 'dead' one on the wall to choose from and mine was boxed.

So by saving or trying to save 10 pounds I've got myself into a situation. What are my rights and what does anyone suggest? I feel soooooo stupid not asking to see the phone in action and not quizzing the other customer about her phone's camera problem. Plus CPW didn't make clear that they don't offer all the available FlexT tariffs as I did ask. Sorry to moan.

Pigeon = sucker in french

DonkeyKong77

Hi
I am not sure if i am being of much help - but i would have thought there would have been some sort of cooling off epriod, where you can get a refund, as opposed to an exchange. I thought most shops, were legallt obliged to offer a refund, ehere you have a receipt, or an exchange where you dont.

Minimum i have seen is at least 7 days, with the usual being 28days.

Are CPW exempt from this?

I have also seen the FlexiT deal on the tmobile site - and am interested as, for me, it would work out at £15pm, for 18months, but it may be one of those "online deals" only, not sure.

I am sure someone more knowledgable will elaborate. Or just throw my theory out of the window!

happyhunter

I'm a bit confused here. You said you bought a PAYG phone, so surely you have control on how much you want to top-up per month. That's the whole point of Pay-As-You-Go. What's all this £15pm business????

DonkeyKong77

I might be wrong but i think the op - when in CPW asked if there were any £15pm pay monthly deals, and they said "no" so they bought a payg. Later saw that t-mobile were doing a £15pm deal, but had already bought the payg.

Thats how i read it anyway. Sorry if i was wrong.

pigeonpie

Thanks DonkeyKong, you read it right. Plus they don't let you try out the phone - if I had, I would have seen that just opening it makes it take a photo :-(

Credit card co woman says she also got pressurised in store by CPW and has a similar story. Another day,another dispute. CPW will exchange the phone within 14 days, but there's nothing of similar quality in stock plus I will lose my 10 pound top up. OK I can use the 10 pounds. BUT could get an amazing phone free with T Mob's Flext 20 (unless that "introductory offer" of 15 quid a month is liable to change during the 18 months).

So assuming there's no technical advice to lock the camera/keypad to stop its mad photo taking, how do you get a refund within 24 hours out of a reluctant CPW? I only bought it yesterday evening.

Moral of story otherwise: cheapest phone may not be best! Always buy online and know that CPW claim to have access to all the best mobile operator deals, but they do not sell them all and will not be honest enough to tell you about that.

Thanks.

*!*HIBS*!*

DonkeyKong77 you would think that there would be a cooling off period and I don't see why there isn't especially as it can cost you a lot for the minimum contract period!! :eek:

pigeonpie, you don't necessarily need to buy online to be protected better, its buying over the phone and online (i.e. where you are physically not present at the time of purchase). This is because due to The Distance Selling Regulation 2000 you should be able to return goods back to the shops if you decide that you don't want them.

At the nub of the Regulations - which apply only to B2C and not B2B distance contracts - is the introduction of a 'cooling off' period within which consumers are given the right to pull out of a distance contract. The purpose of this 'cooling off' period is ostensibly to give consumers the opportunity to examine the goods or services in the same way as they would have had they purchased it over the counter in a shop.

For further reading of this go here: http://www.kaltons.co.uk/articles/183.cfm

deutzkiwi

Just a note, that the £15pm flext tarrif is £20pm when you purchuse in store - hence why cpw would have said they didnt do a £15 flext tarrif (its a 25% off deal through tmob directly).

Second, they should have shown you a working model. If you had been a mystery shopper, they would have lost points for not doing it, but if it was that important to you, you really should have asked. You should be able to exchange to the £20 flext tarrif if you wish, although there is probably a cost to the handset on such a low tarrif. They would just refund you the difference. Same goes for if you switched the handset as well.

Complete refund policies vary network to network, some allow it and some dont, although on every network (except if you wanted to refund tmobile) the cpw system allows you to get around it.

Remember, if you didnt like the staff in a paticular store, go to another one, they maybe more helpful.

pigeonpie

Well I played with the dummy phone for ages but of course the camera doesn't go off when dere's no battery! ;-O They got irritated as I took a long time to decide, they kept explaining different PAYM tariffs to me on pieces of paper to try to get me to sign up - all too expensive for my needs/budget. I thought the new phones were sold with a flat battery, like when I bought the last one, so didn't ask.Thanks for the distance regs info; it does assume that you have tried the product though. I contrast this experience with John Lewis who when I asked if a PC ran quiet and if I found it too noisy (imposs to tell instore with the crowds) could I return it, took time to explain that if I wanted total protection in case it was noisy, not to buy instore but online - or as you say on the phone.
I would like the consumer regs amended to state that where possible or feasible if there is no returns policy or cooling off refund period, the customer must be allowed to try the product.

And CPW said I can't go to a different store btw. Are they all franchises?

deutzkiwi

pigeonpie wrote:

And CPW said I can't go to a different store btw. Are they all franchises?

Thats rubbish, you can go into any store you like in the UK, none are franchises. None of the phones they sell come with flat batteries and most people there will be more than happy to show you one out of the box if you ask. Along with what I said about the mystery shopping points, they are supposed to find "the best deal" for a particular customer, but if you said you were a low user they should have stuck with payg, unfortunatly as in any sales you get some people who are just interested in getting the most commission!

carlina_g

I have had a similar problem with CPW and I can tell you right here that they are totally useless. My problem has been going on for 7 months now.
The store respresentitve mis-sold you, he told you you couldnt get a Flex T Tariff when you could have had one of these. I can recomend you go to your local trading standards office. I can assure you that this will sort the problem much quicker than trying to sort it through carphone warehouse. You are well within your rights to get it refunded and cancel the contract. Some tariffs with CPW dont have a cooling off period and you supposedly cant cancel however this is a mis-selling issue. Sorry to blabbel on. Trading standards is the only way forward.

Steve_xx

carlina_g wrote:

I have had a similar problem with CPW and I can tell you right here that they are totally useless. My problem has been going on for 7 months now.
The store respresentitve mis-sold you, he told you you couldnt get a Flex T Tariff when you could have had one of these. I can recomend you go to your local trading standards office. I can assure you that this will sort the problem much quicker than trying to sort it through carphone warehouse. You are well within your rights to get it refunded and cancel the contract. Some tariffs with CPW dont have a cooling off period and you supposedly cant cancel however this is a mis-selling issue. Sorry to blabbel on. Trading standards is the only way forward.

No no, this is incorrect. The original poster is not entitled to a refund at all. The phone is functional, not faulty. The problem with the camera is not a fault, but is inherent within the product design.