Three: Returning Upgrade USED! Can they tell?

DWPthreat

Just wondered if anyone can give me a definitive answer please?

Three recently sent me a Nokia as an upgrade, with the usual 14 days to return it.

I know you are not supposed to use the phone, but I did make a couple of calls, and a couple of texts before deciding the phone was useless.

I phoned them to request a return, and they are sending me a jiffy bag to send it back.

Question is, can they tell I have used the phone? Obviously it was my existing sim, which is now back in my old phone, and I have cleared the call records. Do they have some sort of diagnostic tests which can show if a phone has been used?

gjchester

Most phones have a lifetime timer, total in use time is recorded and it can't be cleared without the right software.

Mr_Zippy

Of course they can tell as the IMEI number of the phone is logged against your SIM card when used, but anyway of course you can use the phone, but it has to be returned in 'as new' condition.

Distance selling regulations state you can try a product as if you were in a shop, well in a shop you would try using the phone wouldn't you!

baxgttdi

surely that's to be expected though? I mean do they honestly expect you to look at it and decide whether it's the phone for you without tring it out?!

DWPthreat

Cheers, just they say you cannot use it to make a call, if you do are you accepting the new contract... whether that's fair/ complies with the distance selling regulations is another question i suppose.

DWPthreat

Mr_Zippy wrote: »

Of course they can tell as the IMEI number of the phone is logged against your SIM card when used,

I suppose my question should be, will they check that then, or will they just accept the return. Wondered if anyone has any personal experience of it

robt_2

DWPthreat wrote: »

I suppose my question should be, will they check that then, or will they just accept the return. Wondered if anyone has any personal experience of it

They already knew before you returned it.

Depending on the wording of your agreement, an upgrade is not subject to distance selling regulations either. Although there is nothing stopping them having a return period.

photome

Mr_Zippy wrote: »

Of course they can tell as the IMEI number of the phone is logged against your SIM card when used, but anyway of course you can use the phone, but it has to be returned in 'as new' condition.

Distance selling regulations state you can try a product as if you were in a shop, well in a shop you would try using the phone wouldn't you!

Can you really "use" it though? Would you make a call from it in a shop? Ordering a pair of trousers and trying them on is one thing, going out in them , using them and then returning is another

gjchester

Three are often reported on here as stating that once used a phone is not returnable regardless of the DSR. It's in three's T&C that using or personalising the phone renders the DSR invalid (and to be honest there is the exclusion in the DSR that software once installed and used is exempt form the DSR, but to use that on software in a phone is a very narrow view).

Remember the DSR is to let you examine something bought at a distance, it's not a "try then return if you don't like it" law. Yes Three's view is mean spirited to the user, but thats there rules. No doubt they have many expensive laywers who have looked at the DSR and decided they can use this clause and they do.

DWPthreat

Thanks all. I'm worried that they will say it's been used when I send it back, as they will then charge me for the phone £299 !!