Please help me Contract help

Silk

Mobiles.co.uk_company_representative wrote: »

This is not correct. A reasonable period following first attempted delivery of the device is the exact Regulation, and what we adhere to - currently defined as 7 working days.

Where is it currently defined Ben ?

I've seen it defined here as

If you take out a mobile phone service contract online, by mail order or over the phone, the Distance Selling Regulations say you have the right to cancel the order and receive a full refund for up to 7 working days from the day after you place the mobile phone order. You do not have to give a reason for canceling the mobile phone service. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately

If you buy a mobile handset online, by mail order or over the phone without also taking out a mobile service contract, you have 7 working days from the day after you receive the mobile handset to cancel the order with the mobile retailer and receive a refund for the mobile handset (obviously you must return the handset).

CardboardDave

Thanks for the reply. I look forward to hearing from a brass that can help.

In the meantime here are some of my main points. Im going for a brew then ill be back

Ben the gap between collection and delivery is an issue between mobiles and DHL and has of no real importance to me.

What is is quite simple. Mobiles were informed prior to order prosecessing as per There own T&C
Order Confirmation email Dated 31st DEC 16:20
CANCELLATION

You may cancel your order for most goods within 7 of seven days of delivery or else before we dispatch the goods
This is what i did

So some one at mobiles needs to get on the phone to o2 and inform that they have made an mistake setting up the airtime contact after the consumer ie me has under the rules set out by the OFT Regulation 10 chapter 3 paragraph 3.23. Expresssed as per 3.26 And Efective from as per 3.27. Via means inc 3.28.

As can be seen i have kept records 3.29 although this was not specified by the company

I understand that your company is giving misguided? information regarding 3.31
In one part it is right that there are two diffrent time frames running and as such in effect one could as stated in company replys remove the right of the other.

The fact that the contact was placed by CPW on behalf of mobiles to o2 on the 4th
This is clearly a breach of my rights and a breach of the OFT rules in place regards DSR

So i am not to be held to theses.

Contratory to the advice/misguided info of mobiles given both by yourself and via email
I did not have to accept delivery in order to obtain a cancelation of contact and non acceptance of delivery would some how lock me into the contract. Paragrath 3.35

Guys_Dad

Originally Posted by dolphinstwins

Silk & Mobiles .co.uk Ben - duuuuuudes, I swear you two must be married or something to pull off the arguments you have!
I mean - Bbrrrrrrr - FEEEL the love..
:rotfl:
(Please take that with the humour its intended) :cool:


Well if they are, then Ben is a double bigamist ( civil ceremonies of course)with Mobilejunkie and Quentin also !!!! Certainly they argue enough to be long-time married.

Again, with humour intended.

dolphinstwins

@ Cardboard Dave - now you've gotten me thinking re all the regs and rules and stuff

Mobile.co.uk state / claim (its all the same when it bu**ers up) that you have 7days to cancel
Now you can take this form the day following you placing the order, or when you've received it. (as per above point its all the same when things go wrong! lol)
You should technically have same amount of time to cancel the contract with service provider (which you CAN insist on - I have in the past) - the bug bear with that is Mobiles .co.uk set your contract up the same day the phone is dispatched (as mine was) meaning your time with them (service provider) to cancel is already decreased.

If for e.g. phone dispatched Monday, you receive Wed, 3 working days have already elapsed on your new 'contract' - you are under the impression that as of Wednesday you now have till the following Thursday to go nah, don't want it, when - if I understand rightly that you dont, you have till Tuesday.

Its all very well having these DSR but its annoying when each company has their own interpretation of the same 'rules' (if only because I was nearly caught out previously)

However - If you have proof that you attempted to cancel your contract prior to dispatch they're in the wrong, you can pester your service provider and insist they cancel the contract, the only thing you need to get around is the fact that delivery was taken instead of refused.

Its all a loada donkey pooh isn't it :mad: