HELP West Coast Mobile Co. Not letting us cancel within the cooling off period

jasper27

grumbler wrote: »

There is no need to know her personally. I was talking about her actions described by you, not about her as a person. The fact that it is you asking questions here, not she, speaks for itself.
You are wrong. Not even close in the slightest degree.

My daughter does not have access to a computer at the moment, that is why I am asking the questions.

I have used this forum for helpful advice not for criticism. Please do not comment unless you can offer some helpful advice.

This is bad enough without having to justify things to you!

macman

The 'PITA' for the retailer is that the phone is now secondhand, cannot be resold as new, so has lost a large part of it's value-that's why their attitude is less than cordial.
If the sale was made on the high street then there is no legal right whatsoever to a return, the retailer's own returns policy will apply. I'm not clear that the 14 day cooling off will apply if the SIM has been used anyway, nor whether this cooling off period applies to an upgrade, rather than a new contract.
HTC do not sell mobile contracts, the rep was not representing them in any way.

jasper27

macman wrote: »

The 'PITA' for the retailer is that the phone is now secondhand, cannot be resold as new, so has lost a large part of it's value-that's why their attitude is less than cordial.
If the sale was made on the high street then there is no legal right whatsoever to a return, the retailer's own returns policy will apply. I'm not clear that the 14 day cooling off will apply if the SIM has been used anyway, nor whether this cooling off period applies to an upgrade, rather than a new contract.
HTC do not sell mobile contracts, the rep was not representing them in any way.

The retailer was operating from a stand within a shopping centre. The contract clearly states there is a 14 day returns policy, I can't remember the exact wording but it does imply without obligation.

My daughter was given the SIM back and was told that she will need to pay for the usage so far, which she expected anyway.

macman

jasper27 wrote: »

The retailer was operating from a stand within a shopping centre. The contract clearly states there is a 14 day returns policy, I can't remember the exact wording but it does imply without obligation.

My daughter was given the SIM back and was told that she will need to pay for the usage so far, which she expected anyway.

A stand in a shopping centre is a face to face sale-DSR does not apply.
I suggest that you have a closer look at the T&C's, as I can't imagine any retailer giving a 14 day no strings attached return policy-it would leave them open to financial ruin.
And as already stated, if the contract was an upgrade, then the cooling off period does not apply, as it is not a new contract.
Edit: the T&C's on the website are vague in the extreme and appear to relate purely to purchases online, the T&C's applying to direct sales will almost certainly differ.

jhp

The correct Website is www.westcoastmobile.co.uk

Was it a completely new contract with a new number ? Or was it an upgrade using existing number ?

Did she port her number over to a new contract,or did she keep the same deal the same number and just replace her phone ?

grumbler

See the last two lines in the post above yours?

jhp

grumbler wrote: »

See the last two lines in the post above yours?

But that does not answer my question which i have amended to try and establish whether it was truely a new contract or just an upgrade.

Guys_Dad

jasper27 wrote: »

My daughter and the O2 rep have spoken to the 'apparent owner' of West Coast mobiles and he said the contract will be closed as they were sending the email.. but as yet it hasn't been received.

The Contract she was given by West Coast mobiles states that there is a 14 day cooling off period where the contract can be cancelled.

I think this is why they are being so unhelpful and trying to drag it out until the 14 days expires and they will say she has no right to cancel.

It all depends upon the wording of the 14 day return that they should have printed an you should have a copy of.

They have accepted the phone back which would imply that they are cancelling the sale contract - that does have the airtime included.

Has the O2 rep confirmed that the contract is closed as per your para above?

I would not be surprised if the kiosk salesmen were commission only - like Sky guys in similar kiosks - so no wonder they don't want to lose the sale and may explain why salesman No2 wouldn't interfere with your guy's deals.

I am sure this will work out ok if CEO has confirmed it as they seem to be a reasonably established company.

jasper27

jhp wrote: »

The correct Website is www.westcoastmobile.co.uk

Was it a completely new contract with a new number ? Or was it an upgrade using existing number ?

Did she port her number over to a new contract,or did she keep the same deal the same number and just replace her phone ?

It was an upgrade using existing number, she kept the same number but had a different contract/phone/SIM

jasper27

Guys_Dad wrote: »

It all depends upon the wording of the 14 day return that they should have printed an you should have a copy of.

They have accepted the phone back which would imply that they are cancelling the sale contract - that does have the airtime included.

Has the O2 rep confirmed that the contract is closed as per your para above?

I would not be surprised if the kiosk salesmen were commission only - like Sky guys in similar kiosks - so no wonder they don't want to lose the sale and may explain why salesman No2 wouldn't interfere with your guy's deals.

I am sure this will work out ok if CEO has confirmed it as they seem to be a reasonably established company.

My daughter does have her copy of the contract, although the salesperson tried to take it off her yesterday, he also tried to get the SIM back off her and even asked her for £10 to pay for it when she refused, but she stood her ground and refused and he flippantly said 'oh keep it then!'

She went back to the stall today and spoke to the original salesperson who apologised about the way things had been handled and agreed that the other salesperson's attitude was 'a bit over enthusiastic'.
He assured her that the contract was now cancelled.

I'm happy to say that about an hour ago she finally got confirmation from O2 that it was all cancelled and she now has her upgrade and new phone through O2.:T

Thanks very much to all those that have offered help and advice. I really appreciate it.

It's good to know there are some people out there who are willing to help, and not sneer at other's misfortune. Keep up the good work