HELP - how to get out of a newly-signed contract????

red_fraggle_2

Hi folks, I wonder if anyone can help me?

A friend of mine has just been out and bought himself a new mobile phone & contract, got home and realised that it was a really daft idea (as he still has 4 months to run on his old contract and really only signed because he was excited at the thought of getting a new phone). So he went back to the T Mobile store to explain that it had been an impulse buy and that he really doesn't want the contract or phone, but they're saying there is absolutely no way of getting out of the contract now he has signed it.

Now that sounds crazy to me, as he literally only signed a few hours ago and hasn't even taken the new phone out of the box, but is that really the case? I know there is a 14 day cooling off period for online or telesales purchases, but surely there's also something to cover over the counter sales...?

billsavings

You cannot normally return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if his contract gives him the right to cancel. If it does, the mobile phone company may charge him to do this details should be in the contract.

poppy_f1

i used to work for the link years ago and there was a 14 day cooling off periiod that customers could return the phone and we woul cancel the contract, he will possibly be billed for calls/texts used

billsavings

poppy_f1 wrote: »

i used to work for the link years ago and there was a 14 day cooling off periiod that customers could return the phone and we woul cancel the contract, he will possibly be billed for calls/texts used

This has all changed in a lot of cases.As i said before it depends on what it says in the contract he signed.

bluep

Sounds a bit odd...when I bought over the counter from Carphonewarehouse a few years ago there was a 7 day cooling off period and they would just charge you for the line rental for the amount of time you'd had the phone (whether you'd actually used it or not).

hurrah

As has already been pointed out it depends on what the contract you sign says.Times have changed.Suppliers are tightening up unfortunately.

Whilst its not T-Mob i bought a 3 mobile on contract the other day and the T&C said

"you may return your handset to the store within 14 days providing the handset is as sold and unused.(this means that you must have not activated and personalised it by inserting the sim card and turning it on.)

reehsetin

t-mobile's FLEXT packages, ever they were released, have a no 14 day return policy, unfortunatly it would have been part of the contract which he signed into
some places still do but t-mobile's flext at least there is no 14 day,
he's pretty stuck with it

digp

as you know tmobile are the worst network in the country and so they need to tie people in like this

shame on them

suggest he writes to the CEO of tmobile

Jarlawuk

T-Mobile would prefer it if people didn't return phones but by law they have to let you return it if you wish within 14days. When push comes to shove they will let your friend return it.

KevinM

Which law is that ? There are laws regarding distance selling, but over the counter sales ? I don't think so.

As far as I can see, direct, over the counter sales have no right of return, except where the company policy allows it, and it then forms part of your contract.

Maybe you could point us to this law which allows 14 days to return an item that you decide you don't want after all. I would love to see it in writing somewhere, as if it exists, it could come in handy for the future.

Kevin.

billsavings

Jarlawuk wrote: »

T-Mobile would prefer it if people didn't return phones but by law they have to let you return it if you wish within 14days. When push comes to shove they will let your friend return it.

You seem to have overlooked the fact that the customer would have signed a contract agreeing to their T&C before he left the shop.So he unfortunately has not got a leg to stand on.