Issues with Carphone warehouse & Orange

Sloka

Ok so I have been with orange for 24 months I got a call from them a week ago offering to upgrade my phone, I didnt like what they had to offer so declined but said I would be interested in other offers, they said they would get back to me.

I get a call on Saturday "regarding my orange contract and further discussions as to upgrading" so I chat to this sales guy who offers me a new tocco, I tell him I dont like the phone but like the deal of 400 free minutes, unlimited text and unlimited internet access - I say I think this deal is too good to be true, he reassures me its because of my extended loaylty and previous bill payments to orange. Anyway I am not 100% still so ask to go to the shops to see it and rearrange for him to call me back, sure enough an hour later he calls me back but I am still unsure, he gurantees a 14 day cooling off period where I can use the phone and if I dont like it I can return it no questions ask. So I eventually agree.

Anyway this on Saturday the phone arrives Monday just a box no paper work except a reciept, Anyway I set the phone up as told too by the user manuals etc and insert the new sim card which it specifies. I call up orange to activate it but we have issues as the sim card is blocked for 4 days (standard practice just incase it gets lost) I assure them that I have it but they tell me that I didnt actually buy it off them infact it was carphone warehouse acting on their behalf!!!!.

I call up carphone warehouse to reassure them that I have the phone and to enquire how they can offer something even orange cant do directly and I get told that it isnt part of my deal.

So effectively what they sold me on Saturday in terms of internet access is not attached to my account.

Anyway spend forever on the phone trying to sor it out and get told that they have logged a complaint for me and they will get back to me in 7 days. There own t& c state you care turn it within 7 days "5. CANCELLATIONS AND COOLING-OFF PERIODS
5.1. Subject to the following provisions of this clause 5, if you are a consumer customer who has entered into the Agreement at a distance, i.e. online or via the telephone, you may cancel the Agreement at any time up to the later of :
5.1.1. 7 working days from the day after receipt of the Goods;
5.1.2. 7 working days from the day you receive the Agreement; or
5.1.3. 14 days from the day after you sign the Agreement;
(the "Trial Period") as long as you notify us that you wish to cancel the Agreement within the Trial Period by contacting us by calling us on 0870 0870 168, using the online form at or by writing to us at The Carphone Warehouse Customer Care, PO Box 374, Southampton SO30 2PT. A working day is any day except Saturday, Sunday and UK public holidays. If you do not exercise your right to cancel within the Trial Period, you will lose any right of cancellation and remain bound by the Agreement Any sums paid by you for the Goods (either on Order or under any Credit Agreement) and any delivery charge (less our costs if we have to collect the Goods from you under clause 5.5) will be refunded by us within 30 days. Please note that if you cancel the Agreement during or after the Trial Period, you will not be entitled to cancel any Mobile Contract, Talk Contract, Broadband Contract, Access Contract or Premises Equipment Contract unless and only to the extent that the "cooling-off" periods in respect of the services and/or goods provided under such contracts have not expired.
5.2. Please note that any right to cancel software that is supplied on CD, DVD or other similar storage devices is lost if the software is unwrapped.
5.3. If you cancel the Agreement during the Trial Period, you must return your Goods undamaged. CPW will arrange for collection of the Goods by us or someone on our behalf at no charge. Please ensure that you also enclose the original packaging.
5.4. You shall be under a duty to take reasonable care of the Goods until received or collected by us (if applicable) and it is your responsibility to ensure that the Goods are not damaged whilst in transit using means arranged by you. Although you are entitled to examine the Goods as you would in a shop, if you use the Goods during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to, the installation and/or use of any software (including games), connecting to and/or accessing the internet or downloading, or using any of the functions of the Goods for example amending settings, saving any data or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
5.5. Please note that if you do not allow collection of the Goods on our request or otherwise return the Goods, we shall be entitled to charge you for the cost of collecting the Goods (which might be substantial) or for the value of the missing items or damaged items, up to the full cost price of the Goods. You must make the Goods available for collection on our request." "

Also the email address on their site doesnt actually work to register further complaints found on there site.

Really really need some advice because this deal simply will not work for me.

SamLomax

I purchased a mobile phone in cash for £189 last Wednesday from the Carphone Warehouse in Birkenhead, Wirral.

Within 24 hours the screen started to wobble so we took it back to the store. They requested £65 from us to send it away to be repaired.

I explained that under the Sale of Goods act the phone should be fit for purpose and of Merchantable quality.

The store staff laughed and said it was company policy that they do not replace damaged items.

I explained that it was less than 24 hours ago that we purchased it and that I wanted a brand new phone as there was obviously a fault with this one.

The store refused to replace it and still demanded the £65. I complained to their Head Office in Southampton and the email response i received was terrible and very insulting.

If I had owned the handset for a few months I could understand them questioning where and how it was damaged but i had owned it a few hours.

I went back to the store on Saturday when it was full of Christmas shoppers. I again gave the store the opportunity to change the phone and they refused, i presented them with a copy of the Sale of Goods Act and again they laughed.

So, I stood up on a stool and announced to the whole shop how I had been treated and recommended that nobody buy a phone from them.

Well, strongarm tactics or not it worked and they replaced the phone there and then.

I dispair at this as not everyone would have the gutts to stand up and complain the way I did.

Sloka

Really think the likes of carphone warehouse need to be brought infront of Watchdog.

They are a joke and are exploiting customers.

there customer services are a joke.

robin255

Well done Sam for standing up to them!!!