Cancelling Carphone Warehouse Contract after 2 days - AWFUL signal

Ubersheep

Hi All! Long time reader, first time poster :P
Ok, well on Saturday I signed up instore with CPW for a 24 month contract with Vodafone with an Xperia X10 Mini Pro, and have found the signal quality to be utterly dire. Calls dropping, choppy at best, rarely get a full sentence out without it dropping bits of the conversation.
Anyway, went back to CPW and they checked the phone, nothing physically wrong with it, they said we should speak with voda. Spent 20mins waiting to talk with a callcentre on voda, and she told me that basically the signal strength should be fine in my area, and if I wanted to cancel I should speak with CPW.
I phoned CPW to ask to cancel and was informed that because I had used the phone to make a call or text, that the distance selling regulations no longer applied, and as the phone was not 'faulty', ie that there was 'some' signal strength, that I was no longer entitled to cancel the contract.
It feels as thought we are being bullied into keeping this 24 month contract with awful signal, and I asked the representative to get his manager to call me back tomorrow (Monday) at 9am. Any suggestions on what to say to him/her? Bit nervous and can't afford the additional stress right now
We've had the phone since midday Saturday, and it's Sunday night now.

Any help or advice would be greatly appreciated, I'm really feeling trapped by this ATM

gjchester

Ubersheep wrote: »

Hi All! Long time reader, first time poster :P
Ok, well on Saturday I signed up instore with CPW for a 24 month contract with Vodafone with an Xperia X10 Mini Pro, and have found the signal quality to be utterly dire. Calls dropping, choppy at best, rarely get a full sentence out without it dropping bits of the conversation.
Anyway, went back to CPW and they checked the phone, nothing physically wrong with it, they said we should speak with voda. Spent 20mins waiting to talk with a callcentre on voda, and she told me that basically the signal strength should be fine in my area, and if I wanted to cancel I should speak with CPW.
I phoned CPW to ask to cancel and was informed that because I had used the phone to make a call or text, that the distance selling regulations no longer applied, and as the phone was not 'faulty', ie that there was 'some' signal strength, that I was no longer entitled to cancel the contract.
It feels as thought we are being bullied into keeping this 24 month contract with awful signal, and I asked the representative to get his manager to call me back tomorrow (Monday) at 9am. Any suggestions on what to say to him/her? Bit nervous and can't afford the additional stress right now
We've had the phone since midday Saturday, and it's Sunday night now.

Any help or advice would be greatly appreciated, I'm really feeling trapped by this ATM

Unfortunatly you are.

There is no cooling off or returns period for an instore purchase. Nothing to do with using it but because you bought it in store. Your only chance is a goodwill gesture by CPW.


You could try asking it to be sent to Sony Ericsson to be looked at but I'd say try asking a friend with vodafone to try it at your house, try and narrow down if it's the phone or the area.

If it's the area the best way forward is to ask Vodafone about a sure signal box, they cost £50 but use your broadband to boost the Vodafone signal for you and your familiy ( and you can set them so it is just you and your family that use it)

MissKeith

You could try switching the 3G off? Sometimes a manager will cancel a contract out of goodwill if the network confirm there's no signal in your area but as Vodafone say otherwise, I don't think they'll do anything.

Oscar_The_Grouch

Get one of the cheap Vodafone phones (clicky) and shove your sim in it. See what the calls and signal are like.

If you get good signal, it's the phone that is faulty and you can take it back in to Carphone Warehouse and complain that they've sold you duff goods (and use the cheap phone until they've sorted it out). If you still can't make calls, you can phone Vodafone and complain that their maps are wrong and the signal sucks. Then go into carphone warehouse and speak to the manager about a good-will cancellation of the contract. This will usually go smoother if you say that you want to take out a new contract with them, but just want to find out which company have the best signal. Buy some PAYG sims from them for Orange, O2, T-Mobile and 3, suggesting you want to use them to find out which has the best signal so that you can then come back and talk about phones and contracts. If they let you out of the contract, you then have the chance to test out sims and either go back to them or buy elsewhere.

Lynsey

Vodafone maps aren't accurate, at least as far as I have found. I have one vodafone contract at the moment and the coverage/strength varies enorously. Luckily it's on a 17 months free on an 18 month contract and with the cashback from TCB it will be free as long as all goes to plan. Never again for me, other networks provide a better service - luckily those are free as well.

Lynsey

Ubersheep

Hey everyone - thanks for all the help here, it makes a huge difference to know where I stand, so thanks
voda did mention some kind of reception booster box for 50 which would use the broadband, but the reception seemed bad outside the house as well - awkwardly the phone isn't for myself buy for my girlfriend, so I haven't experienced the call quality dropping 1st hand :-/
gjchester - my heart dropped when I read that at first - it doesn't seem fair that to test the call quality I invalidate my right to return the phone if it's awful - how else can I tell without buying prepay sims and testing them all first? Doesn't seem fair
CPW do a similar tariff for this phone on 3 network - might be worth asking to transfer to it? It's so deceiving that CPW implicitly waive my right to cancel via the provider :-S
Thanks again for all yr help BTW, I've always been able to rely on MSE

iamana1ias

Ubersheep wrote: »

gjchester - my heart dropped when I read that at first - it doesn't seem fair that to test the call quality I invalidate my right to return the phone if it's awful - how else can I tell without buying prepay sims and testing them all first? Doesn't seem fair

By buying online, which gives you a right to cancel under the distance selling regulations.

Guys_Dad

iamana1ias wrote: »

By buying online, which gives you a right to cancel under the distance selling regulations.

Not always the case, I am afriad. Some contracts sold under DSR still have the t&c that state if you use the phone, and put the sim in and make a call, you have started to use the contract and you have no claim under DSR.

"Exceptions to the right to cancel

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);"

If you start using the sim, then you have started the service and the above applies.

Now not all retailers impose this but it is the hazard of going for tied (non sim-only) contracts.
Result - 24 months of hell.

Oscar_The_Grouch

Guys_Dad wrote: »

Not always the case, I am afriad. Some contracts sold under DSR still have the t&c that state if you use the phone, and put the sim in and make a call, you have started to use the contract and you have no claim under DSR.

"Exceptions to the right to cancel

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);"

If you start using the sim, then you have started the service and the above applies.

Now not all retailers impose this but it is the hazard of going for tied (non sim-only) contracts.
Result - 24 months of hell.

A very good point that is well made.

Perhaps the best thing to do if you are looking to move to a new service provider is to get a PAYG sim and shove a quid on it, then use that in the new phone rather than anything else.

Not activating the sim for the contract means no start of contract and DSR still gives you the right to return the phone and cancel. Not the neatest of solutions, but it's better than the 24 months of hell you could end up with!