mobile phone contract - right to cancel?

totod

Hello, i recently bought a service plan with vodaphone via phones4u and a galaxy ace phone. A few days later i receive a welcome letter from vodaphone saying that i can cancel the agreement within 7 days. Being a bit disappointed withe the Ace i decide to call vodaphone and request to cancel the contract. To my surprise they tell me that the contract is not with them but with phones4u. However when i read the documents i received i understand that the paper from phones4u is only a "Summary" and that the agreement is formed by rhe paper from vodaphone (entitled "contract"). So im confused and i would like to know if/how i can make vodaphone honour their letter offering to cancel rhe contract. Thank you for any advice.

grumbler

If it was an online purchase you have 7 working days to cancel it with the retailer under DSR.
If it was an in-store purchase, AFAIK, p4u's internal policy doesn't give you any cooling-off period.

I think the T-mobile's internal policy is irrelevant in this case. So is the letter from them even if it wasn't an error.

Annie._2

If Phones 4U have a return policy, as the contract was taken out through Phones 4U and the handset would have come from their stock, you will need to cancel with Phones 4U.

You will have to go back to the point of purchase.

totod

Thanks, unfortunately not the outcome i had hoped for but thanks for the responses

malcumms7898

You will have to cancel from Phones4U, but any product that is ordered over the phone or on the internet comes with a 7 day return policy (regardless of who the seller is). This is because you have not been able to look at the item before buying it. I think the 7 days (7 working days) is from the day you ordered it though, not the day you received it.

Silk

malcumms7898 wrote: »

I think the 7 days (7 working days) is from the day you ordered it though, not the day you received it.

Incorrect I'm afraid ...the 7 working days starts following the day it's delivered

robbies_gal

you cant activate it though and just change your mind iirc has to be sealed and unsed

grumbler

gabbyevs wrote: »

you cant activate it though and just change your mind iirc has to be sealed and unsed

In fact you can in many places including T-mobile:

7 days to decide

You've got a 7 day cooling off period to cancel your purchase, counting from the day your new items are delivered. More information about how that works will be included in your details about delivery package. Remember that if you do cancel, you'll have to pay your postage costs of returning your items to us.
This 7 day cooling off period applies to:

• all pay monthly (including SIM-only) and pay as you go new connections
• free pay as you go SIM cards
• upgrades and renewals
• accessories

We'll refund what we owe you within 30 days of receiving your request. You'll have to pay for any usage before you return the phone to us. If that's on pay as you go, we won't refund any credit you've spent or any left on your phone when it's returned. If that's on pay monthly, your final bill will include a charge for services used at your price plan rate.

I think it's impossible spend a credit or to run up charges for usage without unsealing.

robbies_gal

ok some do but some still dont do they just because u dont like it as the op says

totod

Thanks guys, actually phones4u have been nice enough to cancel my contract when I mentioned the section 66a of the credit consumer rights. Thanks to another msec post, I found out that all credit consumers are entitled a 14-days cooling off period. It's not entirely clear why the credit consumer rights apply to mobile phones but it worked (could it be because those companies run a credit check?)

gjchester

totod wrote: »

I found out that all credit consumers are entitled a 14-days cooling off period. It's not entirely clear why the credit consumer rights apply to mobile phones but it worked (could it be because those companies run a credit check?)

A mobile contrract is not a credit agreement, so whilst I'm glad all went well thats not really relelvent legislation