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A question regarding the DSR ( 7 day cooling off period )
I'm considering taking out a new phone contract with mobiles.co.uk. I'm a little cautious using this company after reading some poor reviews.
I've been reading through their T&C's and am a little concerned the following clause :
Ensure the Sim/Handset/Free gift has not been used (use signifies acceptance of your contract)
( I cant post a link to the full T&Cs, but they're in PDF formart on there website )
I've been reading through their T&C's and am a little concerned the following clause :
7 Day Return
The returns period and the following instructions apply to contract, pay-as-you-go and upgrade orders.
If upon receiving your handset you decide you no longer want the handset or the contract, then you can complete a 7 day return. For this to be completed you need to:
The returns period and the following instructions apply to contract, pay-as-you-go and upgrade orders.
If upon receiving your handset you decide you no longer want the handset or the contract, then you can complete a 7 day return. For this to be completed you need to:
Ensure the Sim/Handset/Free gift has not been used (use signifies acceptance of your contract)
( I cant post a link to the full T&Cs, but they're in PDF formart on there website )
I had to cancel a 24 month contract within the first 7 days with Vodaphone last year . I had used the phone for approx 4 days but found it to be unsuitable. Vodaphone charged me pro-rata for any contract and calls used and accepted the phone back with no problems. But I'm concerned this wont be the case with mobiles.co.uk.
Any advice ?
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Comments
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Since you've done your homework I expect you'll know my advice. Specifically, once you've used the sim/phone you are likely to have to fight to get the 7 day return. Even if you haven't used it/them, you may well find that communicting with them with in the 7 days isn't a given.0
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Vodafone direct seem to be the only reseller that allows you to return the phone within 7 days if you have used it and the sim.
Mobiles.co.uk are not unique in sayng if you use it, then you have no rights under DSR and they are correct in their interpretation of the law. DSR isn't a suck it and see law, as such. Try out the phone you fancy in a Vodafone/O2/Orange shop and research the net before you order.
If you use it and the sim, then your rights under DSR have gone and the resellers are all pretty clear about this in their t&c.
MobileJunkie is correct in saying that you may have more luck in raising the dead than their customer service team after sale - at least from reading this forum.0 -
mobilejunkie wrote: »Since you've done your homework I expect you'll know my advice. Specifically, once you've used the sim/phone you are likely to have to fight to get the 7 day return. Even if you haven't used it/them, you may well find that communicting with them with in the 7 days isn't a given.
This appears to be a consistent gripe with mobiles.co.uk, is there a similar issue with its parent company CPW ?
I find it absurd that to evaluate a phone you have to switch it on, yet at the same time ( under the company's T&Cs ) it locks you out of the distant selling regulations. The sole & only reason I'm considering using mobiles.co.uk is for the unbranded and unlocked phones they provide, specifically the unbranded part.
Any suggestions for other providers would be welcome.
Guysdad : cross posting, so I missed your comments regarding this being the norm for mobiles & the dsr.0 -
The law may be absurd, but it is what it is.
Your rights under DSR
see http://www.which.co.uk/advice/dealing-with-mobile-phone-problems/your-mobile-phone-rights/index.jsp
http://www.out-law.com/page-430#Right
"What isn't covered by this Cooling Off period?
Services that are to be provided within 7 working days. If you have agreed that the service will start before the end of the cooling-off period you will not be entitled to cancel once the service has started, but the trader MUST tell you this in writing, otherwise you will be able to cancel (IMPORTANT: you might have other statutory cooling-off periods, depending on how the trader approached you, under the Consumer Credit Act or Doorstep Selling Regulations - get further advice if in doubt)"
Mobiles.co.uk have informed you in advance on that point.
Remember, the resellers start the contract on sale and if you use that sim, then you have started the contract.
You may get round it if you do not open the sim or transfer any numbers to the hand set, wipe off all logs and then claim never to have used the phone, but that depends upon you being able to contact them (I expect Silk along any minute to add to this)0 -
I've read enough to avoid this company. My research has paid off and looks to have saved me a possible nightmare.
I will pay a tad more for customer service. Vodaphone were very quick last year when I cancelled with them, so I may take a serious look.0 -
DSR is to let you evaluate something in the flesh so to speak. It's main aim is to give you some comeback if say if you bought blue jeans and they turned out brown in daylight but blue in flourescent light that they were photographed in. If you bought them in store you would have had the chance to check.
The DSR lets you see if you like it as a device not how it performs. Personally I think it will go more this way, with the loss of a cooling off period once the device is used across the industry, just like all the 7/14 days satisfaction guarantees which used to be common has disappeared.0
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