Dialaphone Nokia N97 O2 Recall (help)

JMack986

Good Morning All,

On Friday I received my brand new Nokia n97 on an O2 contract with dailaphone. Later that day I got a phone call from dialaphone telling me that O2 where not going to supply the phone and that it will have to be recalled to them. They then went on to tell me that I could have it on Orange or Vodafone, unfortunately for me I have terrible signal with both around my work area. This was no great news to be seeing as the phone is fully working and I am very happy with it. I then asked if I could keep it on O2 and accept that I will get no support from O2 or dialaphone and was told this was not possible and if I refuse to send the phone back within 7 days that they will be debt my account for the phone (this will be done without my permission). Do I have any rights here to keep the phone and carry on the contract? If they are canceling my contract am I entitled to keep the phone as it is them ending the contract, allowing me to use it on O2 pay as go.

Kind Regards

Jonathan

reddwarf2002

I'm no expert on consumer law but I would have thought once the phone is dispatched the contract is legally binding, and therefore you are well within your rights to ask them to honour it.

digp

Er, tough cookie. There is a binding contract there, isn't there? Contact consumer direct(?) for more advice, but if they debit your account that seems wrong to me, you could sue them.

Malky

I played with one of these phones today and if I was you I'd send it back lol.