Talktalk Mobile

bluemooner

Hi all

I am just after a bit of advice.

I ordered a Mobile Phone from Talktalk a I received it on Friday, I am not happy with it at all and it says I can exchange it within 7 days of receipt. Now after speaking to a very rude and unhelpful person I was told I can't exchange it because I have taken it out of the box!!!!! (I didn't order it to just look at it).

So I am wondering is there an act or something I can quote to customer services when they open again tomorrow and I can speak to them, as all I want is an exchange, which it says I can.

Thanks in advance.

grumbler

bluemooner wrote: »

Hi all

I am just after a bit of advice.

I ordered a Mobile Phone from Talktalk a I received it on Friday, I am not happy with it at all and it says I can exchange it within 7 days of receipt. Now after speaking to a very rude and unhelpful person I was told I can't exchange it because I have taken it out of the box!!!!! (I didn't order it to just look at it).

They are fobbing you off. You have a right to return it (let alone to exchange it) if you didn't use it.

So I am wondering is there an act or something I can quote to customer services when they open again tomorrow and I can speak to them, as all I want is an exchange, which it says I can.

Distance Selling Regulations.
Consumer Rights Armour - Martin's article. Google for more information.

bluemooner

Thanks for your reply.

I used it a couple of times but I just don't like the phone, It's very hard to use and I just want a new one.

Thanks for that link I will read that now.

jhp

bluemooner wrote: »

I used it a couple of times

"Will I have a chance to change my mind?
We're sure you'll love your new phone but if you do change your mind you can return it to us within 7 working days, starting from the day after you received it. You'll just need to make sure that the phone has not been used at all and everything is returned to us in the same condition as you received it. Go to talktalk.co.uk/mobiletermsconditions for details."

bluemooner

jhp wrote: »

[/B]


"Will I have a chance to change my mind?
We're sure you'll love your new phone but if you do change your mind you can return it to us within 7 working days, starting from the day after you received it. You'll just need to make sure that the phone has not been used at all and everything is returned to us in the same condition as you received it. Go to for details."

But isnt there a law about consumer rights, as everything we buy we tend to use at least once, so surely I should be allowed to exercise my right to cancel?

mobilejunkie

And then they can't sell the phone as new so have to take a large hit because you're fickle? Next time I buy Corn Flakes, try then and don't like them the supermarket should refund me too! Gosh, I've been missing out; I could try everything out and get refunded at the supplier's expense if I decide it's not for me.

Yes, of course there is!!

grumbler

Your example is flawed as there are two big differences:

• buying in a supermarket is not distant buying;
• trying cornflakes is obviously not the same as trying a phone (provided that the sim card was not inserted, i.e. service not started).

I know, this may look unfair for retailers, but the fact that the item was used doesn't mean that you lose the right to return it under the DSR. This is the price retailers chose to pay for selling distantly.


Prove me wrong and I'll be happy to stand corrected.

Guys_Dad

Regrettably, each network has t&c and you should read them. You say you used it. Presumably to make a call, text or use the internet. That means you started the service.

Read up DSR and you will see that if you use a service then your 7 days' right to change goes out the window.

We might agree that the DSR doesn't give you a chance to do a test drive, but you have to go by a company's t&c. You should have checked that out before ordering.

As MJ said, once used, the handset isn't new any more. Doesn't matter? Read the opening post on this contemporary thread
https://forums.moneysavingexpert.com/discussion/4338001


However, see here http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/;jsessionid=920E5FB8A1D5D642A3617E5FA7B85FE2

Read the section containing Different rules apply to services where the customer agrees that the service starts before the usual cancellation period expires. These rules are as follows.
Where you have supplied the required durable information before the service starts and the customer agrees to the service starting before the end of the usual cancellation period, their cancellation rights will end when performance of the service starts. That means when you use the sim.

That hinges on supply of durable information - so what paperwork did you receive? If none, then you might, just might, have a leg to stand on or something to refer Talkmobile to.

grumbler

I don't quite understand why you quoted my post, but this doesn't matter.

What you say is based on the assumption that the OP did insert the sim card into the phone and activated it. However, this is just a possibility and nothing in their posts indicates that this really was the case.

The original Talkmobile's refusal based on the fact that the OP had "taken it out of the box" definitely contradicted the DSR and their internal policy couldn't override the statutory rights.

Guys_Dad

grumbler wrote: »

I don't quite understand why you quoted my post, but this doesn't matter.

What you say is based on the assumption that the OP did insert the sim card into the phone and activated it. However, this is just a possibility and nothing in their posts indicates that this really was the case.

The original Talkmobile's refusal based on the fact that the OP had "taken it out of the box" definitely contradicted the DSR and their internal policy couldn't override the statutory rights.

Quite right, sorry, I will amend in the light of this post.

But OP wrote "Thanks for your reply.

I used it a couple of times but I just don't like the phone, It's very hard to use and I just want a new one."

mobilejunkie

DSR are to make up for the fact that you can't physically see what you are buying - that is the only difference. If you bought in a shop the shop wouldn't normally let you "try it out" before buying either.