3 contract how do I cancel!!!

Jordan1991

Hello guys and girls, new to the forum and have just signed up to gain some insight to what rights I have and what chance have I got to cancelling a contract which I'm not happy with.

The details, I had a 24 month contract with 3 for 22 months and after breaking my current phone I popped in store today to see if I could upgrade. I was told that I could wait til the 29th of this month to upgrade free or pay £54.99 to upgrade early, as I need a mobile phone for work I agreed that paying the fee to upgrade early was the best option for me.

I picked the samsung galaxy s2 and took a 24 month contract for £27 per month. Now I was told I got the last S2 in black that they had in store.

Right so I get home and go to pop my sim into my new mobile, now first thing that I saw wrong was the box was in a state, marks and dirt on the box itself, the seal had been ripped off and it just looked dodgy. Anyways I open the box up the phone is there but the charger by the looks of it has been used the manual is not in any plastic wrapper and the box set is missing the data cable and head phones!!!

So I got a taxi back into town and went straight back with the phone in hand asking them to cancel the contract as I felt the condition inwhich the item was in was unacceptable. The assisant who sold me the contract said "I have no authorisation to cancel contracts" I said fair enough could I speak to your manager, "Not in today, back Saturday" She also stated that the reason the item is in the condition it is in is because "it was most likely used to show customers how to use the phone".

Well I couldn't pop back saturday as my shifts fall over the weekend so I rang 3's customer support and they have managed to arrange a meeting with the store manager on the Monday. On the phone the operator said "if I went into the store on Monday and spoke to the manager I would be able to cancel the contract".

Now with all this being said and done, I'm unsure that 3 will cancel the contract and I might now be left with a 24 month contract which I am not happy with.

Surely they have broken the contract by giving me a "used" or "show room" phone as "new" which would enable me to cancel the contract without paying the Early cancellation fee!

Regards
J

chanz4

no just a handset replacement, as its on retail premises. Did they not show it you when you took it from the store?

sdduk

i think you are stuck with it because there is no returns on up-grands when you buy from a shop as far as i know

3 will just exchange your phone for a new one if you are lucky

Be surprised if they cancel your contract.

Jordan1991

Well she went out to the back and got the phone, she had it on the desk behind one of the promo signs on the desk we were stood at. Now she must of known things were missing from as she must of packed it away.

So no chance of the contract being cancelled or the upgrade being cancelled? They haven't upheld their end of the contract as they provided a "used" phone.

If it's a no go then I'll just put a stop to the direct debit and change banks because I'm not paying for a contract which IMO has been void from the moment they provided me with an incomplete item. An exchange isan't good enough, if they can offer an exchange they should also offer to cancel the contract.

How can mobile companies get away with this?

:mad:

AvadaKedavra

Jordan1991 wrote: »

Well she went out to the back and got the phone, she had it on the desk behind one of the promo signs on the desk we were stood at. Now she must of known things were missing from as she must of packed it away.

So no chance of the contract being cancelled or the upgrade being cancelled? They haven't upheld their end of the contract as they provided a "used" phone.

If it's a no go then I'll just put a stop to the direct debit and change banks because I'm not paying for a contract which IMO has been void from the moment they provided me with an incomplete item. An exchange isan't good enough, if they can offer an exchange they should also offer to cancel the contract.

How can mobile companies get away with this?

:mad:

If they gave you a used phone by mistake, I think a brand new replacement should remedy the issue for you, if not then it sounds like theres another reaaon why you want to cancel the air time agreement?

Fire_Fox

Sale of Goods Act may apply to the handset itself but that doesn't give you the right to cancel the contract, it gives you the right to have a replacement, repair or refund at the discretion of the vendor.

grumbler

Fire_Fox wrote: »

Sale of Goods Act ... gives you the right to have a replacement, repair or refund at the discretion of the vendor.

This applies to a fault, not to misselling.
I am not sure what piece of legislation says it, but retailers are not allowed to sell used / ex demo items as new and have to clearly state this in description.

MillicentBystander

3 are a bit like Hotel California - even when your contract is up no-one leaves without a fight so good luck with this one.

Guys_Dad

Jordan1991 wrote: »

If it's a no go then I'll just put a stop to the direct debit and change banks because I'm not paying for a contract which IMO has been void from the moment they provided me with an incomplete item. An exchange isan't good enough, if they can offer an exchange they should also offer to cancel the contract.

How can mobile companies get away with this?

:mad:

That would be the worst thing you can do as, without any shadow of a doubt, 3 will record you as having an outstanding balance and that means a trashed credit record.

Get it sorted out with the shop manager asap.

And check for any evidence such as contacts or Gmail a/c or gallery pictures that show it to be pre-used.

useless_git_requires_wife

''During the cooling off period

Under current UK law you can cancel a mobile contract within the first 7 days without the need to give a reason to the provider if you have either:

• Ordered online
• Ordered by phone
• Ordered by post

However, this 7 day window does not automatically apply to contracts purchased in store, where your ability to cancel will depend on the store's returns and cancellations policy.
Many network providers do include an additional cooling off period with their mobile phone contracts, where they can be cancelled freely without any charge.
This ‘cooling off’ period varies from provider to provider but is unlikely to be longer than a month.
While this should give you time to test your new mobile receives suitable network coverage it also means that if you encounter a problem that you should contact your mobile network immediately.''

Read more: http://www.money.co.uk/article/1007744-can-you-cancel-your-mobile-phone-contract-if-you-cant-get-signal.htm#ixzz25m4yzVrs

For what it's worth, a friend managed to cancel his 3 contract after arranging it instore, so I think that if you insist you'll make headway.

If the store manager is awkward ask about the shop's complaint procedure.

AvadaKedavra

useless_git_requires_wife wrote: »

''During the cooling off period

Under current UK law you can cancel a mobile contract within the first 7 days without the need to give a reason to the provider if you have either:

• Ordered online
• Ordered by phone
• Ordered by post

However, this 7 day window does not automatically apply to contracts purchased in store, where your ability to cancel will depend on the store's returns and cancellations policy.
Many network providers do include an additional cooling off period with their mobile phone contracts, where they can be cancelled freely without any charge.
This ‘cooling off’ period varies from provider to provider but is unlikely to be longer than a month.
While this should give you time to test your new mobile receives suitable network coverage it also means that if you encounter a problem that you should contact your mobile network immediately.''

Read more: http://www.money.co.uk/article/1007744-can-you-cancel-your-mobile-phone-contract-if-you-cant-get-signal.htm#ixzz25m4yzVrs

For what it's worth, a friend managed to cancel his 3 contract after arranging it instore, so I think that if you insist you'll make headway.

If the store manager is awkward ask about the shop's complaint procedure.

Its a good point, Rules are made to be broken. Anything is possible and sometimes its reasonable to request to cancel a contract after 30 days it just depends on the circumstances.