Am I stuck with it?

Paff

Hi,

I have just bought a new mobile phone contract with 3 over the phone, I did get a good deal, but when I received the new phone (this Tuesday - HTC Desire HD) I can't get a signal indoors, I can get a signal outside but not as strong as I had with my old phone. I am in a poor signal strength area but with my old phone a Samsung Jet S8000, I could get 1 maybe 2 bars indoors. Now with this new HTC I can't get a signal at all. I am going to take it into the 3 store tomorrow. I did think that I had 14 days that I could return the phone, but alas it is not so. When I read the T&C's I found this...

You CAN'T return it if you have...

1) Personalised the phone in any way (e.g. set the date and time, alter any menu views or ring tones, add content of any kind - including contacts).

2) Use any of Three's services (e.g. make or receive voice calls, video calls, send or receive text messages, browse the internet - including pressing the Planet 3 button).

3) Take or store photos, videos or load data of any kind to the phone.

We recommend you don't insert your SIM card !!!!!

So that means that you can look at the phone but not try it out. How does that work? Do you buy a new car without a test drive??

Where do I stand? Do I have the Sale of Goods act 1979 to fall back on - 'not fit for purpose'?

Thanks for reading.

Steve

Wintermute

Paff wrote: »

Where do I stand? Do I have the Sale of Goods act 1979 to fall back on - 'not fit for purpose'?

I doubt it as the phone is fit for purpose, you just don't get signal in your house, something which no network will guarantee.

Under the distance selling regulations you have a cooling off period for most items bought online or over the phone, its intention is to give you the same opportunity to inspect it as you would have if you bought it from a shop, but it's not there to allow you to "test drive" an item and there's some obvious exceptions such as customised goods, software and other media. I'm not sure how the DSR applies to phones that have actually been used as you wouldn't get the opportunity to setup and customise a phone in store before deciding against it, I'm pretty sure the DSR does however give you a cooling off period for all contracts taken out over the phone or online so I'd enquire about cancelling your contract and that'll hopefully prompt a goodwill gesture of replacing the handset.

Orrin

The stuff in their T&Cs about not using the phone are to do with returns under DSR, and even then it's a bit dubious as to whether they can refuse it if you've set the date and time for example. Anyway, if you don't have coverage at your home then you should be able to cancel the contract.

According to the Communications Consumer Panel:

Contracts bought in store or over the phone or internet can be cancelled at any time if there are coverage issues
Customers must contact Three, which will check to see if there are any planned upgrades to the network or fault remedies that will solve the problem. If not, customers can cancel without penalty
Policy is not advertised

http://www.communicationsconsumerpanel.org.uk/Follow-up%20stmt%20on%20mobile%20covg%20research_FINAL.pdf

Paff

Wintermute wrote: »

I doubt it as the phone is fit for purpose, you just don't get signal in your house, something which no network will guarantee.

Yes, but I DID have a signal with my old phone.

Wintermute wrote: »

I'm not sure how the DSR applies to phones that have actually been used as you wouldn't get the opportunity to setup and customise a phone in store before deciding against it

As soon as you turn the phone on you have to set the time/date to continue, so then you can't return it

Orrin

Paff wrote: »

Yes, but I DID have a signal with my old phone.

You need to decide what you want then; do you want to cancel the contract or keep it and get a replacement phone? It could be the model of phone that's the problem, or a fault specific to your handset. If you contact 3 and tell them you had a signal with your previous phone they are probably going to latch onto it being a fault and offer you a replacement or a "repair". If you'd rather not bother then ask to cancel the contract on the grounds that you don't have coverage.

Paff

Orrin wrote: »

You need to decide what you want then; do you want to cancel the contract or keep it and get a replacement phone? It could be the model of phone that's the problem, or a fault specific to your handset. If you contact 3 and tell them you had a signal with your previous phone they are probably going to latch onto it being a fault and offer you a replacement or a "repair". If you'd rather not bother then ask to cancel the contract on the grounds that you don't have coverage.

I'd like to keep the contract, it's the phone that's the issue. I am going to take it to the 3 store tomorrow, maybe it's a fault.

Thanks all.