mobilephonesdirect.co.uk - Illegal T&Cs? (Returns)

Lynsey

I fully agree, there are TWO contracts. The problem one is the service (or lack of) that Vodafone can provide. Contacting Vodafone is a must IMHO.

Lynsey

N20Y1D

Have you actually contacted MPD to say you wish to return the phone?

I was in a similar position to you in that i had used the phone and the sim card and they said i was free to return it.


I'd ignore the T&Cs (the DSR are all that counts) and just contact them directly - you'll need to do this to get a reference number anyway.

Guys_Dad

Vomityspice wrote: »

We will agree to disagree then. My reading of your link is:

For services (such as mobile phone contracts), it ends seven working days after the day the order was made. If you agree to the service beginning within the seven days, your right to cancel ends when the service starts.

Note with DSR the 7 working day period starts on receipt (see the regulations!) so the inference is incorrect. In addition your agreement to the service is conditional. Putting a sim in the phone isn't an agreement (irrespective of the T&c's) as you the consumer have no way of testing the service unless you do so.....................................


....................Anyway enough of the theoretical beliefs, the proof of the pudding is in the outcome. I'm happy to suggest that MPD will simply confirm they will accept the OP's phone back with out so much as a whimper. Let us hope the OP returns with an update and lets see what actually happens.

The Vodafone airtime service commences when you use it. So any calls made on the sim would indicate that the service has begun. Now I am not here arguing that a badly worded set of regulations are a good thing and let's hope that the DSR gets rewritten, but thay are perfectly clear on that point and that is why some of the less scrupulous vendors are hiding behind this point - see many, many other threads. Vodafone direct do give you 7 days or more to reject the device/contract as long as you pay for outstanding calls made, but this contract is not, unfortunately, with Voda direct.

In this case, the OP has confirmed satisfaction with the handset so it requires Voda to agree to cancel the airtime contract and MPD to agree to either a swap or to agree to give up their commission on the sale.

As far as your last para goes, I am with you 100%

Kashinoda

Thanks for your input everyone, was very useful and interesting!

I rang them today, I got put through to their returns team (which is actually their distributer)... I just said I wanted to return and he said no problem and gave me an RMA number, I asked if he needed written confirmation of my decision to cancel... he said no but I'm going to anyway to be on the safe side in line with the DSR.

So it may seem I jumped the gun a bit with this thread, just I was just a bit annoyed once I read their terms to be honest. I agree the DSR needs to be made clearer as there's room to bend the rules... especially when it comes to mobile phones and 3rd party suppliers.

Vomityspice

Glad to hear it went ok.