Cancellation of a T-Mobile mobile phone contract

grecianite

Quick question about contracts.....

Ordered a phone from a retailer in September

Phone launch is delayed and my Nokia N900 arrives last Tuesday not working.

The phone is on T-Mobile and according to their website, the reception where I live EX15 1XD should be fine on 2G. The phone arrives and within my house the reception is poor to non-existant and very average outside.

As the phone is not working on arrival and I have very poor reception, despite being told it should be fine where do I stand in cancelling the contract (and getting my ported number back to another provider?)

Thanks

John

DarkConvict

If you ordered online, you can return the phone and cancel the contract within 5-7 days of it arriving, so back last Tuesday do you mean 4/5 days ago or longer?, ring them to cancel before returning the phone.

What do you mean by not working, was the phone broken? Or do you mean signal wise?

With regards to signal, coverage is a guideline and is outside use only, the contract does not cover using a phone inside a building due to a buildings' construction can dramatically reduce signal strength, especially office buildings due to steel construction.

Average signal outside, or poor/no signal inside is not a reason for cancelling.

The phone and service contract as separate, a broken phone is not a reason for cancelling but you can claim compensation for been unable to use your mobile service from whoever sold you the phone. Phones that are faulty within 28 days should be replaced with a new handset, after that it is repair or replacement (with a same or similar handset and can be a refurb)

If you are outside any regulations or allowence by T-Mobile to return the phone and cancel you have no reasons to cancel. T-Mobile only need to repair/replace the phone.

grecianite

The phone's microphone does not work (apparently a lot of N900s have the same issue).

So I guess that I'll have no issue in cancelling and getting a new PAC code from T-Mobile? Surely contract law states if you receive a faulty item you can come out of a contract?

grecianite

I am still within my 7 days and have tried to contact MPD without success. Tried phoning multiple times and sent them an e-mail on Wednesday.

ckerrd

grecianite wrote: »

The phone's microphone does not work (apparently a lot of N900s have the same issue).

So I guess that I'll have no issue in cancelling and getting a new PAC code from T-Mobile? Surely contract law states if you receive a faulty item you can come out of a contract?

They have to have the opportunity to replace the pone, which is what I suspect they would do, so no you cannot cancel because of a faulty phone

ckerrd

grecianite wrote: »

I am still within my 7 days and have tried to contact MPD without success. Tried phoning multiple times and sent them an e-mail on Wednesday.

What is MPD? Sorry to be thick

grecianite

Mobile Phones Direct.

As I am in the 7 day period though, I do have the right to cancel though?

Although I cannot phone them (they will not answer), I have sent them an e-mail and this is date stamped, so I should be ok?

DarkConvict

If you really want to cancel and it has been less than 7 days since delivery, Ring mobiles Phones Direct asap, state you want to return the phone and cancel the contract under distance seller regulations you are allowed to do this within the first 7 days.

Please notify me of your returns procedure and i will return the phone, also please provide an email address i can send this request to so it has been received by you in writing.

Once the 7 days are up, you CANNOT cancel. They just need to replace the phone.

grecianite

Issue is MPD do not answer the phone - they always request e-mails instead.

Not sure where I stand after 7 days if they are uncontactable?

Am currently with a phone which has no signal (outside my frontdoor) and which does not work - frustrating!!

Silk

grecianite wrote: »

Issue is MPD do not answer the phone - they always request e-mails instead.

Not sure where I stand after 7 days if they are uncontactable?

Am currently with a phone which has no signal (outside my frontdoor) and which does not work - frustrating!!

Hi Grecianite,
The 7 days doesn't matter in this case because the phone is faulty ...so the 7 day period for distance selling is not relavent.

DarkConvict

Silk wrote: »

Hi Grecianite,
The 7 days doesn't matter in this case because the phone is faulty ...so the 7 day period for distance selling is not relavent.

It is if he wants to cancel the contract too, as there is signal so there is only this 7 day window to legally cancel without a termination fee of several £100's. It is the phone that is faulty and these two items are separate. If they want contact by email then do so, email is written confirmation and will have a date on it to show you make contact within 7 days.

If you want to keep the contract, then all you need to do is state the phone is faulty and needs replacement asap.