Cancelling 3 sim only contract within 14 days

gromit69

I've just taken out a 3 sim-only contract (12 months) but have found that their coverage is pretty poor (i.e. picking up phone drops signat) at my work place. Their website says that the area should have good quality signal.
I've called 3 to cancel the contract under their 14 day returns period but they say that, as I've used the sim, I can't cancel.

A couple of things;
Is that a fair clause? I've only used the sim for data and to call 3 CS.
Would a sim only contract be covered under the Distance Selling regulations? (It was bought from their website)

Many thanks in advance.

Silk

Yes you can cancel under DSR's this has to be done within 7 working days following receipt of the Sim though and not 14 days.
They will charge you for the data etc that you have used.

gromit69

Brilliant - thank you.
7 working days makes it a little easier. I received the sim last Friday (20th May) giving me until next Tuesday.
But I'll give them a call now...

Silk

Make sure you get names etc and follow up via email that you are cancelling just in case any problems later.
You do not need to get it back to them within 7 days but you need to have advised them you wish to cancel

gromit69

I know DSR was set up to cover mobiles, but does it definitely cover sim-only too?
The Three CS guy just kept pointing me to the T&C's
I'm waiting for a call from a manager

Silk

Yes it does...what they try and do is use the opened package type rules ......however the problem is that in order to ensure a signal strength suitable for use it has to be opened and tried to make sure it works.
The T&C's they quote are not allowed to overide DSR's

gromit69

That was my understanding and that was their response
However, it has been escalated to a second line network team to 'check my coverage' and someone will ring me back within 48 hours.

The bits I've read on DSR don't mention anything about usage on a phone contract.
I've got their postal address, so I'll be drafting a letter...

Thank you again for your help!

gjchester

gromit69 wrote: »

I know DSR was set up to cover mobiles, but does it definitely cover sim-only too?

Actually IIRC it was more clothes that were the driver, so if you buy something that looks blue in a photo it's not brown when you get it and lookat it in non studio lighting. It was also so if the phot they took was of something else but similar you were covered too.

gromit69

OK, perhaps "I know" was a little strong
I do remember it being brought in around the time that internet shopping really took off, and reading lots of stories about people trying to return phones that weren't what they wanted.

I'm surprised to see that Three's own T&C's don't quite match the DSR and that I'm having to go through this effort.

I thought most consumer contracts meet or exceed the legal minimum, rather than leaving the consumer to research and fight their corner...
But on second thoughts....

gjchester

gromit69 wrote: »

I'm surprised to see that Three's own T&C's don't quite match the DSR and that I'm having to go through this effort.

I thought most consumer contracts meet or exceed the legal minimum, rather than leaving the consumer to research and fight their corner...

Actually they do.

DSR gives you the right to INSPECT the goods in your own home, but not trial them.

If you bought a pair of jeans you can try them on just as you would in a shop but not use them for a week then return them, With a phone or a sim card you can look at it and see it fits your hand/ pocket/handbag but not try it. I know that sounds odd with a sim card but you see my point.

If you bought a phone in store and got home and found no signal you'd not have the right to return it unless the shop/company has an exchange policy and you'd specifically asked if you would get a signal in a location and they'd said yes.

Techhead_2

The mobile companies say that using the service ends your right to return, because the DSR says that goods supplied with a service are exempt from the moment the service begins.

I don't believe that this has been tested yet, but in the meantime you will rely on their deciding to make an exception to their terms.