Friend ripped off by Phones 4 U - Advice please

Herongull

Guy's Dad,

You are right that 7 (working) days is the relevant period in the DSRs, not 14 days as is sometimes assumed. Of course it is perfectly legal for a contract to give you additional (but not fewer) rights, and therefore some contracts may give you more days.

Interestingly, the OFT website also provides guidance on linked contracts for goods and services eg a mobile
phone and an associated airtime contract

"3.30 There are normally two contracts in such situations – one for goods
(the mobile phone or modem, for example) and the other for a
service (such as the airtime or internet connection).
3.31 In both cases the cancellation period starts when the contract is
made. The time limits for cancellation of the goods and service
contracts are explained at paragraph 3.22. With these types of
contract it is possible to have cancellation periods running at different
times and for the service contract to remain cancellable after the
goods have been provided.
3.32 With service contracts, if you fail to give consumers the required
written information before you start the service, or fail to obtain their
consent to starting the service early, they will have a right to cancel
their contract even though they may have started using the service."


Because the cancellation rights are actually increased if the seller doesn't provide information on them upfront, I am wondering if perhaps the cancellation rights are actually spelt out somewhere in the written contract (in the fine print somewhere?).

May be worth the OP double-checking.

Silk

Herongull wrote: »

You can believe what you want to believe, but your posts may mislead others, so I will have another go trying to help you.

Far from it as it is in fact the other way round

It's a well known fact that DSR's do not apply in the case of upgrades and you pretending otherwise is leading the OP astray

I've explained several times as others have but you do not grasp the situation

Try and ignore the fact that mobile companies call it "upgrade" because you are getting mixed up with customers upgrading an original order such as adding alloy wheels to the order when buying a car. Trying to use Teddies as an example is funny though

What is happening when a mobile company offers an "upgrade" is they are usualy extending the contract in exchange for a newer better phone etc. so the original contract still stands regarding the sim / number / provider etc etc

Herongull wrote: »

If it makes you happy to think that the OP doesn't have cancellation rights, then be happy:D

Or you could study the information provided on the DSRS for yourself and become better informed?

It doesn't make me happy in fact I've been one of those who have complained about it a long time before you did.

It's been discussed on here time and time again and the outcome is still the same I'm afraid

And I suggest you read more into the subject before you start trying to lead people astray. heres the links ......

http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

http://www.legislation.gov.uk/uksi/2005/689/pdfs/uksi_20050689_en.pdf

http://www.legislation.gov.uk/uksi/2005/689/pdfs/uksiem_20050689_en.pdf

As I've explained many times the OP can not use DSR's to plead the contract as it reverts back to the original contract.
The OP as I stated earlier has the option the try to exchange the phone but it reverts back to the vendor's T&C's.
He may have a chance with misselling if he can obtain a transcript that proves they pretended to be O2

Herongull

Silk,

"It's a well known fact that DSR's do not apply in the case of upgrades" says it all.

Not even prepared to read any of the links (including your own)?

Well if you choose ignorance over information, then there isn't anything that I can or anyone else can do about it.

All I can do is urge others to have a look at the information provided, to seek advice where appropriate, and not to be deterred from asserting your legal rights.

Silk

Herongull wrote: »

Silk,

"It's a well known fact that DSR's do not apply in the case of upgrades" says it all.

Not even prepared to read any of the links (including your own)?

Well if you choose ignorance over information, then there isn't anything that I can or anyone else can do about it.

All I can do is urge others to have a look at the information provided, to seek advice where appropriate, and not to be deterred from asserting your legal rights.

I've read the links and it is rather silly to quote new orders relating to upgrading a car order to add alloy wheels as an example of a mobile phone contract

Try reading up on the subject .....it's been going on for years and theres lots of threads on the subject both on here and other consumer sites.
The information as you say is all there but picking out certain aspects at random and inventing Teddies as an argument does not change the facts.
Better men than me and you have tried to find loopholes and I'm sorry to say they don't exist yet.
Your efforts will be better placed by supplying the OP with facts rather than romantic musings about what might be the case

robbies_gal

so if u can cancel upgrades i'll just get on the phone now and cancel my husbands one even though theyve told me i cant