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Sticky Situation With Carphonewarehouse/Orange

I wont bore u guys with details but long story cut short on Tuesday i went into the CPW and ordered the iPhone 5 on Orange, Im still awaiting stock of the handset but i dotted the i's and crossed the t's and the deal was done, Yesterday i find out im being made redundant and im losing my job, So today ive spent most of the day cancelling,lowering and such , So i telephone CPW and im told i cannot cancel and would have to pay the outstanding balance, i no im on contract but with every other network u have a period of grace but not with this lot, im stressed out as it is and i simply cannot afford it even if i cancel the contract sell the handset it still wont cover the balance

Just looking for some help people so take the replys easy on me :beer:
Better to understand a little than to misunderstand a lot.
«1

Comments

  • If you did it in store, as far as I know that's it - you need to pay it.

    No right to cancel.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 November 2012 at 11:21PM
    If you did it in store, as far as I know that's it - you need to pay it.

    No right to cancel.
    There is no statutory right, but the internal policy says that you can cancel if the contract is with O2, Talkmobile or Virgin:

    http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{11a18a50-bcb7-11de-e56d-000000000000}

    However, I am no expert, but I am not sure whether the contract starts before the phone is actually supplied.

    ETA: what the T&C say is not good:
    The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
  • Do you get coverage at home? If not then you might be able to cancel.
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    If no handset has been taken no contract or upgrade re-contract exists, id get on to citizens advice. CPW talking out a hole in there....

    Chief Exec email taylorr@cpwplc.com
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • billsavings
    billsavings Posts: 2,015 Forumite
    edited 11 November 2012 at 5:39AM
    If you buy from a high street shop, you don't automatically have any cancellation rights if there's no problem with the handset or mobile service. Some shops may voluntarily offer return policies.

    But as they didnt give you the goods normally no contract is completed until they are shipped to you.

    However what happened to the sim card. Did they give you it when you placed order ?,and if so have you by any chance used it in another phone temporarily waiting for arrival of new phone ? thus starting your contract.
  • Thank you for the replies

    The SIM card hasn't been used its still in the wrapper and I have no handset yet as they are awaiting stock , the lady on the phone said I couldn't cancel it cause the stock had been allocated to me ? I
    Will drop an email to the address you gave and keep trying
    Better to understand a little than to misunderstand a lot.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 11 November 2012 at 11:34AM
    Chrissybh0y - I am sorry to hear of your redundancy which is, actually, a far bigger issue than just the handset. I do hope that you get something really soon. :beer:

    It does show, however, the problem of getting into a long term commitment which relies upon continued income to complete the contract. Modern handsets are aspirational items that can so easily become the millstone around people's necks if the income source dries up.

    And with the current economic situation, it never ceases to amaze me at just how many people are committing themselves to hundreds of £££'s costs over 24 months, totally based upon continued income.

    There are times when PAYG/sim only are really good idea and now is an example of that time for many.

    On your own situation, read very carefully every T&c online that Carphonewarehouse and Orange publish.

    Here is their in-store returns policy http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{11a18a50-bcb7-11de-e56d-000000000000}

    So it seems that it is network dependent. That is, therefore, the place you need to get a statement in writing saying Orange are willing to forego the contract in your circumstances.

    For future reference, MSE members may want to bookmark this link if buying instore at CPW for the rest of 2012 at least.

    Edit :- sorry - missed that Grumbler already posted that link.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Could you not use some of the reduncancy money to pay for the handset/contract?
  • From their T&C

    "2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier."

    The contract is not completed by them providing the phone has not been dispatched, and they cant say they have provided service without it .They should not be charging you line rental until you have phone.So unless they took some payment from you i would pop in and see the manager and attempt to resolve it personally.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    niftyone wrote: »
    From their T&C

    "2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier."

    The contract is not completed by them providing the phone has not been dispatched, and they cant say they have provided service without it .They should not be charging you line rental until you have phone.So unless they took some payment from you i would pop in and see the manager and attempt to resolve it personally.

    Long time since I bought a contract in store, but don't they charges 1p or something to your card when you buy? Wonder why? ;);)
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