Can I cancel CPW contract due to poor network coverage?

Silk

MissKeith wrote: »

:A

Carphone extend this to 14 days, FYI.

FYI ...No they don't it's 7 days
http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7Befdad100-041a-11df-f38f-000000000000%7D

Subject to the following two paragraphs, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel the agreement to but the Equipment at any time up to 7 working days from the day after the later of entering this Agreement, receiving this Agreement or receiving your Equipment ("Trial Period"), provided . you notify CPW of such cancellation within the Trial Period. Please call CPW Customer Services on 08456010411 and they will explain how to do this. We recommend you enclose your Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notifying us of your cancellation undamaged with proof of purchase by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands WS10 7JN at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery.

What people get confused with is they give you 7 days to cancel and then another 7 days to get the equipment back to them giving a total of 14 days to complete the return

dazza.mk

Knew I'd seen an answer on this recently!

http://www.bbc.co.uk/news/10618236

Unfortunately Orange appears t be the only network that has no policy allowing 'limited returns' due to lack of coverage.Although they will consider requests on a case by case basis (ie don't hold your breath)

REEVELEE

I managed to get Orange Shop to take back my iphone 4 (on pay monthly contract) quoting poor 3g coverage. They tried to fob me off with a site survey of my post code but told them it performed badly when I was travelling into work on the train (an issue I have not experienced with other networks-which was a white lie). Apparently if you've had the phone for less than seven days their internal policy gives their staff more flexibility in returning although still felt like getting blood from a stone. All costs refunded and contract ripped up...although apparently I will struggle to get an Orange Contract again.....but given their customer service that's no loss to me.

gjchester

Silk wrote: »

FYI ...No they don't it's 7 days
http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7Befdad100-041a-11df-f38f-000000000000%7D



What people get confused with is they give you 7 days to cancel and then another 7 days to get the equipment back to them giving a total of 14 days to complete the return

Thats for a Virgin Mobile contract.

I took the info from

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1ff75c90-bcb9-11de-e56d-000000000000}

which says 14 days, and yess I know the DSR is 7 CPW give you 14 as already stated, although the site seems to state different things in different places.

MissKeith

I've worked for CPW for a few years now and it's always been 14 days but the goods have to be in an unused condition. Its not a try before your buy unfortunately, its just to ensure you've not been mis-sold and been sent the wrong product.

Silk

MissKeith wrote: »

I've worked for CPW for a few years now and it's always been 14 days but the goods have to be in an unused condition. Its not a try before your buy unfortunately, its just to ensure you've not been mis-sold and been sent the wrong product.

I realise you work for CPW however what you might think and what is the fact are two different things.
What we are talking about is DSR's and they are 7 days and i even pointed you to the link from your website and quoted the conditions as per your T&C's.
Now if you are saying that is wrong please point us to the T&C's which state it is 14 days

Silk

gjchester wrote: »

Thats for a Virgin Mobile contract.

I took the info from

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1ff75c90-bcb9-11de-e56d-000000000000}

which says 14 days, and yess I know the DSR is 7 CPW give you 14 as already stated, although the site seems to state different things in different places.

The reason is that they have to give a total of 14 days for them to receive the goods however you only have 7 days in which to cancel and then a further 7 days in which to return the goods

d123

MissKeith wrote: »

:A

Carphone extend this to 14 days, FYI.

Carphone don't extend the DSR, it's not actually possible for a private company to amend UK legislation

What they might do, is offer extra cancellation rights in addition to any statutory rights afforded by legislation or regulation.

Just FYI

Silk wrote: »

The reason is that they have to give a total of 14 days for them to receive the goods however you only have 7 days in which to cancel and then a further 7 days in which to return the goods

Not sure where or what you are basing your opinion on, but it is not in the DSR, in fact the refund cannot actually have a time limit imposed for return and refund, in fact such a term is specifically prohibited.

The DSR's are pretty straightforward, the buyer has 7 working days to claim a refund and the seller has 30 days to make the refund.

Can I include a term in the contract that states that the consumer must return goods within a certain number of days in order to obtain a refund?

3.64 No. Under the DSRs such terms have no legal effect.

The DSRs contain provisions aimed at ensuring that businesses do not use contractual terms that deny consumers their rights under the DSRs or impose obligations on consumers that are inconsistent with them.

For example, a term making cancellation conditional on the return of goods would be inconsistent with consumers’ rights to receive a refund – see paragraph 3.46.

However, you may request that goods are returned within a certain period or as soon as practicable as long as it does not link the receipt of the goods to the giving of a refund.

You might want to read the OFT guide to the DSR
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Silk

d123 wrote: »

What they might do, is offer extra cancellation rights in addition to any statutory rights afforded by legislation or regulation.

Some do ...for example O2 offer you 14 days in which to cancel as they give 7 days above the minimum DSR's.
As such if you buy an O2 contract a company such as CPW would have to pass that on which as far as I know they do. CPW did not offer the 14 days on the CPW/O2 contract though as that was left at the minimum 7 days.
I'm not sure any others do though I stand to be corrected

d123 wrote: »

Not sure where or what you are basing your opinion on, but it is not in the DSR, in fact the refund cannot actually have a time limit imposed for return and refund, in fact such a term is specifically prohibited.

As far as I'm aware the directive for the DSR's is that goods are returned in as reasonable time as is practicable however for the benefit of MissKeith I was quoting CPW's T&C's which try to limit the return to 7 days following cancelation which was where the 14 days in question stems from.
The 7 days to cancel start the day following delivery so you could say it might be 8 days :rotfl:
Added to that of course it's 7 working days so you might have a couple of weekends in between if it arrives on a Friday :rotfl::rotfl: