Please help (new member) Carphone warehouse

boliston

This "void dsr once sim put in phone" clause certainly seems like an "unfair term" because as long as the customer agrees to reimburse any calls made then it would not cause the network to suffer any loss. I wonder if it's ever been tested in court?

Jon_01

boliston wrote: »

This "void dsr once sim put in phone" clause certainly seems like an "unfair term" because as long as the customer agrees to reimburse any calls made then it would not cause the network to suffer any loss. I wonder if it's ever been tested in court?

I'm going to play devils advocate here and say that the network will suffer the lose of new phone, they can't take it back and resell it as new now it's been used?

As as stated above, the DSR isn't't there to let you play with the device you buy (whatever it is), its there to for you to check that what you've ordered without seeing it correct...

Oscar_The_Grouch

Jon_01 wrote: »

I'm going to play devils advocate here and say that the network will suffer the lose of new phone, they can't take it back and resell it as new now it's been used?

I see where you are coming from here, but the way the contracts are written means the phone is a "free gift" and so has no value (ie no loss to the network). We all know that the price of the phone is built into the tariff, but there's nothing to say that you can't reject a free gift.

Jon_01 wrote: »

As as stated above, the DSR isn't't there to let you play with the device you buy (whatever it is), its there to for you to check that what you've ordered without seeing it correct...

I 100% agree with you here, but the way that DSR has been written does not exclude the "play with it" scenario. Here's an example:

With insurance, you get 14 days to decide whether you want the policy or not. There are no limits, so in theory you could "buy" a car from a friend, insure it, drive it from the south coast to the top of Scotland & back, then decide you didn't want the insurance in the first place and "sell" the car back to your friend. Provided you've not written the car off (yes; you can have an accident and make a claim, but the car has to be repairable) you only pay for the few days you were insured.

The problem is with the way the rules are written. In truth, very few people take advantage of the loophole which is why it's not been closed.

allan673

say the sim was inserted but you cannot get good reception, a good signal at home. and thats why you are sending it back.

just send it all back recorded delivery and cancel the direct debit.

Oscar_The_Grouch

allan673 wrote: »

just send it all back recorded delivery and cancel the direct debit.

NEVER do that!!!!

That is the easiest way to end up with the bailiff at your door and a credit rating that takes years to correct!!!

You cannot cancel a contract just by cancelling a DD and each time the company tries to collect a debit from you, they can mark your credit history that it failed. Then you get taken to court for breach of contract, end up with a CCJ and have absolutely no chance of getting another phone contract, let alone a mortgage, because the stupidity of cancelling the DD has mucked up your credit file for 6 years.

gjchester

boliston wrote: »

This "void dsr once sim put in phone" clause certainly seems like an "unfair term"

It's hardly unfair the envolope said

please note by inserting sim into handset and using it, you have signified your acceptance of terms and conditions enclosed and will not be able to return your airtime contract under the consumer protection (distance selling) regulations 2000

Which means you can't say it was a hidden or unfair term.

If it was hidden in small print maybe but not as it's so clear.

mobilejunkie

Oscar_The_Grouch wrote: »

NEVER do that!!!!

That is the easiest way to end up with the bailiff at your door and a credit rating that takes years to correct!!!

You cannot cancel a contract just by cancelling a DD and each time the company tries to collect a debit from you, they can mark your credit history that it failed. Then you get taken to court for breach of contract, end up with a CCJ and have absolutely no chance of getting another phone contract, let alone a mortgage, because the stupidity of cancelling the DD has mucked up your credit file for 6 years.

Yes, I saw it but decided not to reply to such awful "advice" yet again! Nothing worse than well-meaning uninformed amateurs leading people into a worse mess!

boliston

Oscar_The_Grouch wrote: »

NEVER do that!!!!

That is the easiest way to end up with the bailiff at your door and a credit rating that takes years to correct!!!
.....

I agree it will mess up your credit rating but I doubt very much you will have a "bailiff at your door"!

This sort of debt will simply get sold onto a DCA and you will get a stream of letters and perhaps "doorstep collectors", but as a rule it costs money to send in bailiffs and they are not going to bother for this type of debt.

boliston

Jon_01 wrote: »

I'm going to play devils advocate here and say that the network will suffer the lose of new phone, they can't take it back and resell it as new now it's been used?

As as stated above, the DSR isn't't there to let you play with the device you buy (whatever it is), its there to for you to check that what you've ordered without seeing it correct...

But the phone is no more "used" if it's been opened, played with and had the sim put in than if it's just been opened and played with WITHOUT actually putting in the sim.

[Deleted User]

Just one thing, but if the son is under 18, the contract is void.

If he's OVER 18, the OP has no technical position to "want him to return it". He's an adult now and has to live with his decisions, even if they may have been less than stellar.

He'll live and learn.