HELP - Just taken out 3 upgrade contract, phone not right

spendingmad

Hi

After some advise - I dropped my mobile yesterday whilst out shopping and smashed the screen luckly I have just come to the end of my contract so looked on the internet last and decided on a Nokia 5800.

Went into the 3 store this morning and explained the situation and that I wanted the Nokia phone. Salesman looked on computer and said I can give you a Samsung S5600 which has all the same features and it is on a 18 month contract (Nokia was 24month contract).

I asked if it had all the features of the Nokia and which did he think was the better phone to which he replied "Yes it has all the features of the Nokia and I have and prefer this phone" I upgraded and came home, looked on internet and the phone gets OKish reviews but does not have the features of the Nokia (no GPS)

I returned to the shop with the phone (unopened) and asked to exchange to the Nokia as not happy. Told me I couldn't but then said he would email Area Manger for authorisation to cancel upgrade and to come back in 5 days so we can do the upgrade to the Nokia again. When I said to him that I would be without a phone he told me to use the Samsung and that it would be fine.

So questions are

Am I be able to cancel upgrade contract and change phone as I was missold?

Should I open the box and use the Samsung phone forthe next 5 days?

or should I sit tight and be without a phone?

Please help as I don't want to be stuck with a phone thats not suitable forthe next 18months!

Thanks for reading

Jon_01

Do not open the box or use the phone. Three will never change a phones that has been used in any way and you'll be stuck with it for the next 18 months.

DarkConvict

So the store operator lied to you, they said it had all the features of the Nokia, but it doesn't, so you may have a valid complaint http://www.ofcom.org.uk/media/mofaq/telecoms/mmfaq/

studioeng

Do not open the box or use the phone. If you are able to, go into the same store at least once a day and politely bug them until they do something about it. They will be especially responsive if other customers are in store and 'over hear' the problems they are causing you. In my experience they will make it as difficult as possible for you to return or cancel with them, with excuses, lies, clauses, false promises, etc. I was in a 3 store the other day on the phone talking to Customer Support for 45 minutes... I refused to leave until it was sorted! Unfortunately with 3 you need to stand your ground!

spendingmad

Thanks guys - just been back into the shop (for the third time today!) and they have changed the phone without too much hassle. Amazing what they can do when you are up for a fight!

Thanks from all your help!