can anyone help me with dialaphone query

6969annw

hoping someone here can help me as the advisor from dialaphone has just confused the hell out of me! Basically got a phone call last week asking if i would like to upgrade, would usually tell them to jog on but they said they were helping orange upgrade their customers and everything would stay the same.

Anyway, it just so happened that i had found a phone that i liked and agreed the contract with them etc. Turns out I won't get on with the phone and dont want it so just want to continue on with my old phone and old contract. They have told me that this is not possible as they can only offer an exchange. They have also said that i can sell the phone if i wanted as it is now my property but it still works out that i will be losing out as i get less minutes etc to use each month and i'll be paying more a month.

Basically just want to return the phone and just get back onto old contract/old phone. What rights do i have? Thanks

OneADay

You can return it within 7 days normally - so it depends on when you got it.

6969annw

i havent actually received it yet and it hasnt been dispatched either

OneADay

Hmmm - are you sure you spoke to dialaphone and not some other company?

If you have not even received it, can't see how they can tie you in - you have right to cancel within 7 days.

Phone them and mention distance selling regulations.

6969annw

thats what i thought but didnt want to waffle on about something i wasnt sure of! haha

OneADay

Tell them to pee off - don't accept the phone if it arrives - thats what I would do.

Other people on here might suggest otherwise maybe.

But I just don't see how they can tie you in when the law states what your rights are - particularly for an item that is not even delivered.

According to their site - the returns number is 0844 481586 but its not even a return, sales team (0800 183 7902) should be dealing with this (but they no doubt want to fob you off to get a sale).

6969annw

thanks for the advice OneADay, much appreciated. Will be telling them to do one, on the phone to them now :-)

6969annw

just spoke to them and apparantly with an upgrade there is no 7 day cooling off period :-( Is there any way out of this now as apparantly i've agreed to the contract verbally (i'm sure you know how fast they read the t+c's!) and at the end of it it supposedly said that because its an upgrade there is no 7 day cooling off period. Is there anything else i can do or am i stuck with dialaphone now :-(

OneADay

Ok I think they may be right (I always thought you could return an upgrade deal).

But according to http://www.avforums.com/forums/networks-contracts-payg/1359734-upgrades-distance-selling-regulations.html
this does not apply to upgrades.

Talk to your local trading standards to confirm this (someone else will confirm this no doubt on this forum).

But I think its totally unfair when you have not even received the phone - talk to the network concerned (Orange).

And fire off an email to their CEO tim.whiting @ phones4u.co.uk

6969annw

all sorted! Called orange and they knew nothing of the orange/dialaphone "alliance" that had happened, basically all dialaphone had done is call up and see if i was due for upgrade and jumped on me before orange had chance. BUT because the phone i asked for is out of stock and hasnt been dispatched yet they have been unable to put the upgrade through so in theory there is no contract. And to stop dialaphone putting the upgrade through i have upgraded through orange but if i dont like the phone then i can always send it back no problems. This is why i stick with what i know and definitely won't be waiving from that in the future!! Thanks for you help OneADay, without ur advice to actually call orange i would probably be still sat here looking for a way out lol :-)

OneADay

Excellent - I was going to mention that bit from your first post - them talking about them "helping Orange upgrades".

Funny how the networks allow returns on upgrades, retailers don't. Anyway ....