Distance Selling Regulations and Three Mobile Phone Contracts

threeukarescumbags

Hello, can anyone help me.

I was sold a contract phone by Three, over the phone, but have since received an offer from Orange (my old supplier) which beats theirs.

I was under the impression that UK Distance Selling Regulations Apply, and that since I'm within my 7 day cooling off period, I should be able to return the phone and cancel the contract.

Three don't have an e-mail address you can contact, and their call centre is painfully polite Indian people who can't help you.

Npbody at their call centre seems aware of Distance Selling Regulations, and keep referring to Three's own terms and conditions which state that if the phone has been 'used' I cannot return this.

I'm confused as this seems to conflict with what the Law says and what I am reading all over the internet about distance selling regulations.

The salesperson at Orange who gave me the better offer assured me this is standard across all networks and that the responsibility is on Three to take back this phone, which is completely undamaged and has had 'reasonable care' taken of it.


So far I've been rerouted to their standard customer support 5 times (on the same 30 min call, which I'm still in the middle of), the indian staff are more than happy to just reroute you if the call gets too difficult for them...

What can I do? Give them written notice? Am I in the right here?

All help appreciated & will let people know how this turns out...

Hintza

Idiotic user name.

No you are not entitled to send it back under DSR as you have a contract and you have started to use the phone. You waived those rights when the contract commenced immediately after you inserted your sim card.

threeukarescumbags

Sorry if my username upsets anyone. Are you a legal expert?

The law doesn't seem to back you up, thanks for the comment.

I've been told by the staff at Orange that distance selling regulations allow you to open the phone and check the goods within the 7 day period.

legislation.gov.uk/uksi/2000/2334/contents/made

(can't post urls)

Seems to be backed up by what I've read here, although I'll admit I'm out of my depth. The phone was used briefly and tested but has had 'reasonable care' taken of it, and at the very least should someone at three not have at least heard of DSR?

I hoped documenting my experience would be helpful to someone.

Any other opinions? I'm very confused.

threeukarescumbags

this seems to back me up as well, since i ordered over the phone: bbc.co.uk/blogs/technology/2009/12/cooling_off_mobile_phone_online.html

please help me if I'm misunderstanding...

Hintza

http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

If you buy your mobile online or over the phone
If you buy a mobile handset online, by mail order or over the phone without also taking out a mobile service contract, the UK distance selling regulations give you seven working days from the day after you receive the handset to return it and receive a refund. You don't have to give a reason.

If you take out a pay-as-you-go or pay-monthly mobile contract at the same time, you still have the right to cancel the order and receive a full refund for up to seven working days from the day after you place the order. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately.

threeukarescumbags

Ok, so I potentially waived these rights unwittingly when I put the SIM card in the phone?

I didn't at any point specify that I wanted the 'mobile phone service to start immediately' but I guess that's implicit... from initially switching on the phone and trying to contact three they've been completely confusing and unhelpful and I decided very quickly I wished to cancel.

Am I now stuck with three and their atrocious service for 2 years?

If I am in the wrong here let this be a lesson to anyone else googling the same issue... and I stand by my username, idiotic or otherwise.

threeukarescumbags

By the way, Orange who I was previously with allow 14 days, no questions asked cooling off period, and will take the phone back even if you've used it (or so their retentions team claim).

If anyone has any ideas how I can get out of this three contract and go back to Orange, even any long shot worth trying, please share.

Thanks.

Looksguywalker

Any of the networks would hold you to the contract...not just 3. If you're brave enough try it and take out a contract with Orange and cancel it after using the service.

threeukarescumbags

Haha! def not brave enough, I'm sure orange's retention's department will probably say anything, in fact, i should stress, this was according to orange staff.

One thing I should mention that could be helpful though is the fact that orange have a department that call you up after you've cancelled (like a 2nd retentions team) and can give you a better offer... you just have to actually hand in your notice.

If I'd known this when I started my retentions haggling process I'd be on a better contract with the 4G version of samsung galaxy s3 instead of just 3G.

Looksguywalker

threeukarescumbags wrote: »

Haha! def not brave enough, I'm sure orange's retention's department will probably say anything, in fact, i should stress, this was according to orange staff.

One thing I should mention that could be helpful though is the fact that orange have a department that call you up after you've cancelled (like a 2nd retentions team) and can give you a better offer... you just have to actually hand in your notice.

If I'd known this when I started my retentions haggling process I'd be on a better contract with the 4G version of samsung galaxy s3 instead of just 3G.

Ah hindsight...! To be honest the info. on deals on phones/contracts/retentions is easily found.

....and yes your username is OTT!:D