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Orange ipad !!!! up.

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Comments

  • mrochester
    mrochester Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    PeterToo wrote: »
    Carphone is no better. Can not cancel contracts at all.
    avoid Vodafone and Carphone warehouse
    A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
    He changed his mind.
    Went back to the shop with his mother
    But was not allowed to cancel the contract.
    Carphone warehouse’s employees said it was Vodafone’s policy
    His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
    His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.

    He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.



    Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?

    Changing your mind is a very different kettle of fish indeed. The ability to change your mind is usually linked to your ability to inspect the goods to ensure they are satisfactory to meet your needs. This would be the case when shopping online or by phone. When you've bought something in person in a shop, you've already had a chance to inspect the goods before buying, hence you have no right to change your mind (some shops will go above and beyond the law and allow you to change your mind and return the goods, but the law doesn't say they have to do this).
  • MissKeith wrote: »
    Why is it just Orange who "aren't allowed" to do this? I work for Carphone and we're fully SOGA compliant and always have been.

    Carphone is no better. Can not cancel contracts at all.
    avoid Vodafone and Carphone warehouse
    A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
    He changed his mind.
    Went back to the shop with his mother
    But was not allowed to cancel the contract.
    Carphone warehouse’s employees said it was Vodafone’s policy
    His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
    His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.

    He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.



    Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?
  • mrochester
    mrochester Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    PeterToo wrote: »
    Carphone is no better. Can not cancel contracts at all.
    avoid Vodafone and Carphone warehouse
    A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
    He changed his mind.
    Went back to the shop with his mother
    But was not allowed to cancel the contract.
    Carphone warehouse’s employees said it was Vodafone’s policy
    His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
    His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.

    He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.



    Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?

    I'm guessing you just didn't read my post above at all?
  • Hotspur
    Hotspur Posts: 528 Forumite
    edited 3 January 2011 at 12:22PM
    PeterToo wrote: »
    Carphone is no better. Can not cancel contracts at all.
    avoid Vodafone and Carphone warehouse
    A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
    He changed his mind.
    Went back to the shop with his mother
    But was not allowed to cancel the contract.
    Carphone warehouse’s employees said it was Vodafone’s policy
    His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
    His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.

    He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.



    Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?

    A diversion from the OP's situation.

    1. Changing your mind doesn't allow anyone to cancel a contract, unless it was made a condition at the time of sale/supply. You might do this with clothes where you needed to match the colour with shoes/accessories that were at home but best to get this return/refund condition confirmed in writing before purchase.

    2. If the friends son is a minor then the airtime contract may be unenforceable against him if he cancels/stops paying. It may be enforceable against his parents. This isn't an area of law I know much about so it may be worth contacting consumer direct 08454 040506 for further advice.
  • brady0
    brady0 Posts: 5 Forumite
    PeterToo wrote: »
    Carphone is no better. Can not cancel contracts at all.
    avoid Vodafone and Carphone warehouse
    A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
    He changed his mind.
    Went back to the shop with his mother
    But was not allowed to cancel the contract.
    Carphone warehouse’s employees said it was Vodafone’s policy
    His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
    His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.

    He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.



    Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?

    With all respect he would have had to be 18 to take a mobile contract out so he should have known better I feel. I had a contract when I was 18 and also had a part time job to pay for it.

    I do feel for him though as the people in mobile shops can be very pushy with people.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 3 January 2011 at 8:35PM
    Your best bet is to take it to consumer direct, the customer facing side of trading standards. http://www.consumerdirect.gov.uk/about/how-we-help/

    If they believe SOGA comes into play it will override any T&Cs & return policy set by orange as they will be deemed to contain unlawful or unfair terms. If this is the case, you get a trading standards agent take over your case and they will presue the retailer for you. I had to do it with Vodafone over "unlimited" internet about 3 years ago, I was given the choice of free contract termination or all internet fees waived.

    Shop staff also refer to the store policy and will not budge, they are known to ignore the law because in there job they are trained to the shop policy. You need to take this out of the store and to trading standards before considering any legal recourse.

    The argument of whether the contract and IPad are tied together is not easy, in also cases I have seen they are treated separately, but would agree if a product is faulty and is rejected the contract is unusable through no fault of the customer. In the case of it breaking early I would certainly presue for contract termination, however if this was 12 months down the line it maybe a different matter.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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