Mobile returned to me after cancelleing under DSR

BFG_2

I ORDERED A NEW PHONE AND CONTRACT over the web....so Distance Selling Regs apply

Arrived on the Tuesday but I had by then decided to not take up.

I wrote to them email asking for a RAN number [as per their t&cs] and returned [recorded delivery]; delivery was the Tuesday [7 days later]

3 days later arrives back to me with a standard note attached saying 'didn't write to us to reject within 7 days, so we are refusing to accept'.

My queries are....

The 7 days are 7 working days? even if it's not, then its 7 days NOT including the delivery date???

My email and recorded delivery show I returned within the 7 days.

I can now treat the package as an unsolicited gift/item and insist that they pick up [if they want it back]........presumably I can also open this unsolicited gift and have a look at it etc [something i didn't do prior to returned [seal was still intact on phone box].

Ivory_Tinkler

You say you asked for a RAN number but did you actually get a RAN number before you sent it back? It is possible that the company didn't get your email. I don't think you can treat this as an unsolicited gift as you ordered it!

Under DSR's you have 7 working days from the day after you take delivery to reject the goods but as far as I am aware, you have to inform the seller that you wish to exercise this right and this has to be in writing. Usually email is OK assuming that they received it.

BFG_2

I got an reply to my RAN request, with a TID number, which I used to return [thinking it to be the RAN].

£ days later I got another email with a separate RAN on it, but by then I had returned with the TID number [thinking it was the RAN] and a copy of the invoice.

They obviously knew it was from me, because they returned it back to me!

BFG_2

I've re-read their note they put in with it, and TBH I'm a bit annoyed.

They say '7 days from 1st attempted delivery', and then they say 'if you return it again we will NOT cancel contract and treat the phone as a 'gift to us'.

I can feel an argument coming on here.

I think I'll treat their [erroneous] return to me as a gift, and see where we go from there......lol

Mark_Hewitt

Ivory_Tinkler wrote: »

You say you asked for a RAN number but did you actually get a RAN number before you sent it back? It is possible that the company didn't get your email. I don't think you can treat this as an unsolicited gift as you ordered it!

Under DSR's you have 7 working days from the day after you take delivery to reject the goods but as far as I am aware, you have to inform the seller that you wish to exercise this right and this has to be in writing. Usually email is OK assuming that they received it.

Sounds like a dodgy company here.

I've sent phones back before (admittedly not contract ones) to expansys, and the 7 day clock stops ticking as soon as you ring them up to say your sending it back. Then I think they give you something like 14 days to actually send it.

BFG_2

Not a small co, was actually mobiles.co.uk........so part of CPW [iirc]

Waiting for an email back to my one of this AM to them...