Trying to cancel Vodaphone contract

Hannasus

Help me please? Phone4u persuaded me to change my mobile phone contract as their "computer" said it would give me better network coverage than my current provider 3. However one getting home I had absoloutely no coverage what so ever. Vodaphone say I must take up the matter with Phones4U. Phones4U say they will not cancel my contract so I am left with a phone for 2 years (£600) that I cannot use at all. Phone4U say they stopped their cooling off period in August 2009, however surely my case is contrary to sales of goods act, goods sold are not fit for purpose. I am gutted, is there anything else I can do?

Buzby

You entered into a binding contract, and there's nothing wrong with the phone - so sale of goods act provisions do not apply. However, if there is genuinely no coverage you can easily return the handset to the store and insist on the contract cancellation as the network does not prove the service required. You have between 7-14 days in which to reject, but no longer. If you are within this timeframe, box everything up and take it back to the shop, with a witness to note any issues in case they try to refuse. If they wonlt accept directly, ask for the address for returns, or ask to see the store manager.

As you say, no service at home is a primary concern.

Guys_Dad

Buzby wrote: »

You have between 7-14 days in which to reject, but no longer. .

Are you sure you are correct here? It isn't distance selling.

However, if, in order to persuade you, they produced a map that purported to show good coverage in your area and you have no coverage in and around your house, then you do, I submit, have a reason to reject under SoG. This was clearly an significant factor in causing you to take up the contract, but time is of the essence.

Also, making a scene in the shop helps too!

Buzby

This has nothing to do with distance selling.

The networks are fully aware that there may be service issues, and although not enshrined within their T&C's (yet) you have 7-14 days to ensure it meets your needs, as without it you could be tying yourself to a 2 year agreement AND no service.

After the 10-14 days (depends on the retailer and network, but returns ARE accepted, but not encouraged - if you see what I mean!

Guys_Dad

Buzby wrote: »

This has nothing to do with distance selling.

The networks are fully aware that there may be service issues, and although not enshrined within their T&C's (yet) you have 7-14 days to ensure it meets your needs, as without it you could be tying yourself to a 2 year agreement AND no service.

After the 10-14 days (depends on the retailer and network, but returns ARE accepted, but not encouraged - if you see what I mean!

I accept what you say, but isn't the Government/Ofcom just trying to get legislation for you to try-before-you-buy just for this specific problem.

OP - be very careful and read this first:-

http://www.moneysupermarket.com/community/forums/t/phones-4-u-14-day-return-policy-10080.aspx

DVardysShadow

Buzby wrote: »

You entered into a binding contract, and there's nothing wrong with the phone - so sale of goods act provisions do not apply. However, if there is genuinely no coverage you can easily return the handset to the store and insist on the contract cancellation as the network does not prove the service required. You have between 7-14 days in which to reject, but no longer. If you are within this timeframe, box everything up and take it back to the shop, with a witness to note any issues in case they try to refuse. If they wonlt accept directly, ask for the address for returns, or ask to see the store manager.

As you say, no service at home is a primary concern.

I think that this advice is deficient. OP entered into a binding contract on the basis of promises about technical performance. The interesting thing is that the contract is binding on the OP to the extent that promises are binding on Phones4u. The promises are part of the contract.

Phones4u cannot deliver on their promises. That is how binding the contract is.