Please help me Contract help

CardboardDave

I reply to this Re: TID 828163 Re: #REF:R1#: returns number
Fri, 15 Jan 2010 19:52

[FONT=Arial, Helvetica, sans-serif]Hi Kimberly. Thanks for the reply.
As stated i informed the company on the 1st and the 2nd by email that i no longer wanted to contnue with the order. Yet i was ignored.
Under the rules set out in Chapter 3 Rights to Cancelation
Paragraphs
3.23
3.26
3.27
3.28
3.32
3.35
of The DTI OFT document oft698.pdf A guide for businesses on distance selling

[/FONT]
[FONT=Arial, Helvetica, sans-serif]
I will taking this matter up with the office of fair trading.

I will not let your company use bully boy tactics on me and will as needed take this matter further as i have complied with my part as the consumer.[/FONT]

Silk

CardboardDave wrote: »

We request that you send this package back to our warehouse via Royal Mail Special Delivery by Saturday 16/01/10. I apologise for the short time frame however if the warehouse does not receive the handset by the 14th day the network will not disconnect. We are currently on day 11, Monday will be day 14.

Hi Dave,
I find this interesting considering what happened a short while ago regarding deliveries to them on Saturdays

See this post by Ben ....
http://forums.moneysavingexpert.com/showpost.html?p=24120205&postcount=23

Anyway, to the OP; we don't accept signed-for post on Saturdays as this would complicate our staffing rotas (only certain people are authorised to sign for deliveries); I'm updating the site (tomorrow) to clarify absolutely that we can't accept signed-for post on Saturdays which will avoid this happening in future

Which means they would have to get it by today

stuartmroberts

Can i ask if you have had any silly answers yet from any emails you have sent.


I suggest you copy the chief exec of the carphone warehouse and the supervisor at mobiles.co.uk in to get the response you want


the emails are

[EMAIL="DunstoC@cpwplc.com"]DunstoC@cpwplc.com[/EMAIL] delete the space s

and suporvisor @ mobiles.co.uk

CardboardDave wrote: »

I reply to this Re: TID 828163 Re: #REF:R1#: returns number
Fri, 15 Jan 2010 19:52

[FONT=Arial, Helvetica, sans-serif]Hi Kimberly. Thanks for the reply.
As stated i informed the company on the 1st and the 2nd by email that i no longer wanted to contnue with the order. Yet i was ignored.
Under the rules set out in Chapter 3 Rights to Cancelation
Paragraphs
3.23
3.26
3.27
3.28
3.32
3.35
of The DTI OFT document oft698.pdf A guide for businesses on distance selling

[/FONT]
[FONT=Arial, Helvetica, sans-serif]
I will taking this matter up with the office of fair trading.

I will not let your company use bully boy tactics on me and will as needed take this matter further as i have complied with my part as the consumer.[/FONT]

WychWeird

I see that CardboardDave read the guide - the paragraghs he's mentioned basically state that the day a person emails a company to say "I wish to cancel" is the date that is used for cancellation purposes. The DSR guide does not state that the company must acknowledge this although an automated response does indicate that the email was received. Any company that responds after the 7 working day period saying "You're outside the cooling off period" if you have made your desire within the time frame is not playing fair with the DSRs.

CardboardDave wrote: »

.....We request that you send this package back to our warehouse via Royal Mail Special Delivery by Saturday 16/01/10. I apologise for the short time frame however if the warehouse does not receive the handset by the 14th day the network will not disconnect. We are currently on day 11, Monday will be day 14.

If the goods are not sent back to our warehouse within the required time period and the disconnection fails due to lateness then you will be held liable for the contract as you have been informed of the time frame for return.....

DSR_Guide wrote:

Can I include a term in the contract that states that the consumer must return goods within a certain number of days in order to obtain a refund?
3.64 No. Under the DSRs such terms have no legal effect. The DSRs contain provisions aimed at ensuring that businesses do not use contractual terms that deny consumers their rights under the DSRs or impose obligations on consumers that are inconsistent with them. For example, a term making cancellation conditional on the return of goods would be inconsistent with consumers’ rights to receive a refund – see paragraph 3.46. However, you may request that goods are returned within a certain period or as soon as practicable as long as it does not link the receipt of the goods to the giving of a refund.

Note that it mentions a contract term, however, if you failed to manage the return in time you could argue the point based on the DSRs.

CardboardDave wrote: »

....All equipment included in the package, which may include a free gift, needs to be sent back to our warehouse in the original packaging....

DSR_Guide wrote:

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

Note the red highlighted text in the quotes above.

As an aside, the second quote from the DSR guide includes this:

DSR_Guide wrote:

The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods.

Note that this specifically mentions "trying out the goods" - you could argue that installing the SIM into a phone and then trying it out (to see if you have a decent signal or that you enjoy that style of phone, for example) is allowed for within the DSRs - any mobile phone company or third party that states differently ought to be aware of this. I understand that mobiles.co.uk have taken this onboard and are reviewing the situation.

dolphinstwins

WychWeird wrote: »

Note that this specifically mentions "trying out the goods" - you could argue that installing the SIM into a phone and then trying it out (to see if you have a decent signal or that you enjoy that style of phone, for example) is allowed for within the DSRs - any mobile phone company or third party that states differently ought to be aware of this. I understand that mobiles.co.uk have taken this onboard and are reviewing the situation.

I was able to return a phone on this basis as I claimed I was miss-sold the phone (technically i kinda was as I was assured there was a reception at my home address)
I wasn't aware of the DSR at the time but when I inserted the Sim and found next to no signal I played merry hell with the new network and they cancelled my contract, it was a case of then contacting the third party to get a returns form.

dolphinstwins

RevTheory wrote: »

A CPW store cant do anything because its mobiles deal, even though we use the same system, we cant return there items. the store would only say contact mobiles

Aye - appreciate they're technically separate but they may be able to access the system to aid in cancelling the contract or something cant they?

When I went to explain my situation re ordering a phone and not getting it a week later they advised they'd try and cancel it down for me.
But on checking their systems it had just been dispatched!
:rolleyes:

CardboardDave

Silk wrote: »

Hi Dave,
I find this interesting considering what happened a short while ago regarding deliveries to them on Saturdays

See this post by Ben ...


Which means they would have to get it by today

Thanks Silk yet again it shows that the CS seem to be totally out of touch

Its funny *i have to laugh cause id break otherwise* the parcel they are asking me to send back via RM SD is to big for the service!!! after adding the dimensions and wieght to there postage caclulater. They reconmend Standard Parcels.

I have not recived a reply yet to my email stating the relevant paragraphs . But to be honest im not expecting any new info just the same contradiction.

Im still working on a full screen shot post of all my emails recived and sent and will host it some where i can hot link images and post the link so you can all see for your selfs.

Wych Weird
Thanks all again for you help its been great and i hope to be able soon post of sucsess

CardboardDave

Hello again guys and gals.

Could someone post a link for me please as i am unable as i am a new member

Its to my ebay me page as its the only place i could think of that would allow me you use html and save the page to hotlink my screenshots.

It would make it much easier to understand so i can hopfully bring this matter to an end before i have to post my experiance with mobiles co uk . on every consumer help, consumer review, mobile comparison, Cashback site and facebook group and any other site that buyers use. Not to mention famiy friends, friends of friends etc

Thanks for your prompt repliy ben

Mobiles.co.uk_company_representative

Hi,


Please email me - ben at mobiles - so we can get this sorted out.

Thanks,

CardboardDave

Ben it arrived on the 14th while i was at work. I sent for a returns number 14th
recived number 15th at 5.30 pm informing me it had to be there on the 16th

Your company does not accept rm sd on saturdays.

Im really not happy ben