Can i cancel new contract

crazybass

Hi Guys

Just looking for info, I was on a simplicity deal and decided to get a new phone. Ordered last thursday and its due to get delivered tomorrow. they have already changed my contract but I am going to refuse the phone as i am going to giffgaff.

since i have not accpeted phone will i still have to honour the 18 month contract or is there a cooling off period as i am going to cancel everything with them.

O2 by the way, any info most appreciated.

Cal

Keith

You can usually return it, I've done it in the past with O2.

crazybass

Hi keith

Thanks for that, do you know if I will be tied to the contract that comes with phone?

Cal

grumbler

DSR for online/telephone orders give you 7 days for cancelling an unused contract and returning an unused phone, but this doesn't apply to upgrades. If it was an upgrade (very likely as they have changed your number) your only hope is O2 internal policy for returns.

Having said that I feel really sorry for retailers when people keep exploiting the DSR and order without any research, then change their mind and decide to return even before receiving.

chanz4

they use yodel and at a cost of £8 each time someone refuses a package

homeworker

I think you do have a write to cancel the contract in the cooling off period but I would cancel any direct debit as I know someone who did this and I know o2 took the first month dd and they wouldnt refund him or kept telling him that he was going to get his refund back.

grumbler

Cancelling a DD is always a bad idea unless one doesn't care about their credit history.

Claiming money back under the DD guarantee and disputing this with the network at the same time is a much better idea.

Buzby

The DD guarantee is pointelss for most, and especially so in this circumstnace. The customer has provided his details to facilitate the contract. He needs to WRITE and confirm cancellation, and keep a copy. It is this (and only this) that will be required to complain if further payments are taken - written proof is King.

grumbler

OK, but why is it pointless and why for most? Do you suggest just to cancel the DD and then spend month trying to have the default record removed from your credit file?

Buzby

People blingly assume (incorrectly) that the DD guarantee 'protects' them and is all-embracing. It is laughable, sadly - that if a DD payment is taken in error, then all they are required to do is repay it. The fact it might have caused 6 other payments taken after it to bounce and cost you dearly is NOT a consideration as this is 'consequential loss' and the guarantee does not cover this.

All I recommend is to have the cancellation in writing, and keep the copy to use for a reversal should the supplier attempt to take additional funds AFTER the premission to use the DD had been revoked. Credit file repair is a seperate issue, as the acid test is always 'is it accurate'? If it is, then the punter hasn;t a leg to stand on, and requres the supplier to take a sympathetic approach, and in the absence of this a Small Claims action forcing them to comply if they refuse. I've had to do this twice.

If found it easier not to have a mobile contract.

grumbler

Buzby wrote: »

People blingly assume (incorrectly) that the DD guarantee 'protects' them and is all-embracing. It is laughable, sadly - that if a DD payment is taken in error, then all they are required to do is repay it. The fact it might have caused 6 other payments taken after it to bounce and cost you dearly is NOT a consideration as this is 'consequential loss' and the guarantee does not cover this.

I don't understand what you are trying to say. I don't see any problem in calling your bank and claiming the payment back under the DD guarantee, then informing the network that you have done this and starting the dispute/complaint procedure if you think that the payment was taken incorrectly.

Credit file repair is a seperate issue, as the acid test is always 'is it accurate'? If it is, then the punter hasn;t a leg to stand on, and requres the supplier to take a sympathetic approach, and in the absence of this a Small Claims action forcing them to comply if they refuse. I've had to do this twice.

It is a separate issue theoretically. However, in real world it is a PITA to have the incorrect records removed. It is easier to do your best to avoid these records in the first place.

If found it easier not to have a mobile contract.

It may be easier, but is more expensive, especially for those who, like me, take advantage of redemption deals.