Cancelling mobile contract - Help please!

Pipsy7

Hi Everyone

I've been an idiot and taken out a silly contract on a Blackberry 8520, with O2 from the Carphone Warehouse.

100 mins,
Unlimited texts
500MB data

for £25 a month.

The sales man in the shop said that data shouldn't be a problem and that I shouldn't go over, however after checking my Bill online, I am already £5 over.

I brought the phone on Boxing day.

Am I still able to cancel this contract, take the phone back and get something better.
I feel a bit of a numpty now, for trusting this sales man.

Please help me, otherwise I am stuck in this for 2 years.

Pipsy77

OneADay

Buying in store stops the right to cancel within 14 days unfortunately.

As its a blackberry, is it automatically checking for emails and using up your data allowance - you might want to start a way of stopping that happening for a start.

Pipsy7

so i can't take it back to the store either?

Isn't there consumer rights about having 14 days on everything and cancelling stuff?

I really don't want this contract and do feel as though i was pressured.

OneADay

14 days applies if you buy online only.

Other people might come up with something but I cannot see a way out of it. Its not the best deal either as that phone you can get for £15 a month online with cpw (which obviously is not what you want to hear).

Worst comes to worst, sell the phone to pay towards line rental and get cheap replacement to use the service.

Pipsy7

Hmm

I think I'll give 02 a call and see if I am able to change it.

I obviously havn't been sold this correctly because the man in the shop said I shouldn't go over 500mb.

Gutted

OneADay

I would be tempted to complain (never know you might get someone who is sympathetic). O2 less likely to do something as its cpw who are responsible in first place.

There is a form somewhere on the cpw site which you fill in to complain - but I think an email to one of their executives might prove more useful (I do know what the email address is, its been put on these forums before, maybe someone can post that for you).

All that done, it may achieve nothing but then again who knows...especially if you give them details of what you have been sold, mentioning data usage problem and cost of contract is higher than whats on web (its not a great argument but hey....)

Kingsd316

I thought all contracts had a cooling off period?

Littlemiss27

OneADay wrote: »

14 days applies if you buy online only.

Its not the best deal either as that phone you can get for £15 a month online with cpw (which obviously is not what you want to hear).

That should be the same deal that the op has recieved, the online price does not include the blackberry bolt on (email and internet access), only the mins and text.

OP - CPW offer a 14day colling off period on O2 contracts (not upgrades) taken out instore so as long as you still have everything and its still in the condition it was sold in you can return it.

I'm a bit confused with your data charges though, I have a similar contract with O2 (more mins and text) and I am a heavy data user and have never been charged for additional data use. Is it possible that the extra charges are part of the pro rata billing that will cover the first week or so of usage? £5 would equate to 6 days of pro rata billing for line rental before they started you on a bill cycle, so your first bill would show £5 line rental for 25/12/09 - 31/12/09 plus £25 for your first full month in advance (1/1/10 - 31/1/10).

HTH

Jon_01

Kingsd316 wrote: »

I thought all contracts had a cooling off period?

If you buy on line then distance selling regs give you 7 days to cancel.

If someone comes to your door you have 7 days to cancel.

If you buy in store you have no legal right to cancel, you have the chance to use the item and make your mind up. Some stores have a returns policy (like Argos), but there's no onus on them to have one in law.

maxtweenie

Have you actually spoken to either CPW or O2 yet? I would doubt very much that you had used all of your 500mb allowance in 9 days. I have seen on here however several people say that their free internet bolt on hadn't been activated or didn't kick in until the next billing date or something like that. You need to check that all has been done properly on the contract first.

Jon_01

Sounds like the Blackberry bundle hasn't been added and the email checking is talking all the data. The compression on BB email is so good you need to be sending huge amounts to go over. . .