Are we entittled to this free phone?

paulsif

Hello everyone we need some advice on our rights.

Basicly my girlfriend was on Vodafone and upgraded to a B;ackberry 8520. Their service was so bad she called and asked to cancel the contract, this was within the 7 day cool off period. She asked for her PAC code they said they would send this to her. They also said they would send something to put her Blackberry in so she could send it back. They have not sent this and it has been over a week and they have not mentioned anything.

I have got to call orange to give them my girlfriends PAC code and port her number over at which point her Vodafone contract will end. If they dont mention they want the Blackberry back at what point is she entitled to keep it?

OneADay

Never - it belongs to Vodafone.

And to be honest, if it was me I would rather return it and make sure the contract is cancelled properly rather than trying to keep a freebie.

DarkConvict

It still belongs to vodafone, you pay for the phone over the life of the contract. And as you have not paid for the contract it is still vodafone's.

I am sure they will chase this up themselves, blackberry's don't come cheap.

kai666

I've always had to return any faulty phones that have been replaced. They will simply bill you the full cost of the phone if you do not return it

paulsif

I will return it of course. I just heard somewhere that if they dont ask for it back within a certain time it legally becomes yours. I was wondering if anyone has any knowledge of this?

Quentin

The phone is theirs, and can only become yours if you pay them for it. They will charge you for it if it doesn't get returned.

(You may be thinking of the situation with unsolicited goods. If you get any of those, then they are yours to do what you want with.)

paulsif

Best we give them a call then! Thanks for your help

ruffwood

Quentin wrote: »

The phone is theirs, and can only become yours if you pay them for it. They will charge you for it if it doesn't get returned.

(You may be thinking of the situation with unsolicited goods. If you get any of those, then they are yours to do what you want with.)

IIRC even with unsolicited goods you still have to give the "owner" the chance to collect, then a few weeks after you tell them you don't want them and they should collect, they become yours.

Quentin

No. With unsolicited goods they are yours from the moment you get them. You can treat them as a gift.