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Cancel vodafone contract at Nokia shop

BattleToy
BattleToy Posts: 109 Forumite
Guys, I am newbie in this website and hope that I can help some advice from you all.

I am wondering whether I have the right to cancel my mobile phone contract within 30 days of purchasing. Additionally I paid for the phone using my credit card and was wondering whether I could call them to say the payment I make to Nokia / Vodafone is in dispute and cancel the direct debit to my bank.

On 28th April I bought a new nokia mobile with wifi function from Nokia shop and signed a 35 pcm Vodafone 18 month contract. I emphasized to the salesman that I didn’t want to be charged if I connected to any wireless internet access (ie.my home internet access). When I received my mobile bill (19th May) yesterday it included the charges for internet access even though I believed that I was using my home wireless network through the phones WIFI capability.

Today (20th May), I complained about this to the salesman at the Nokia shop and told him I would like to cancel the contract because I am not happy with the price plan. I wold like to pay a fixed fee with unlimited internet browsing like 3, t-mobile etc.

The salesman’s answer was that the charges might have been user error as I may have been using 3G internet as apposed to my home WIFI network, and so refused to cancel my contract stating I had no right to cancel the contract after the 14 days cooling off period had elapsed.

He also printed out the Vodafone pay monthly terms and conditions from the Vodafone website to address the contract cancellation. This states:

“Please note that, if you are purchasing a contract phone you will lose your right to cancel your airtime contract under the Distance Selling Regulations upon connection of the mobile phone. You do have the right to return the phone the cancel your airtime contract within 14 days, though you will liable for line rental charges and any calls you have made during that time.”

How am I supposed to have had the chance to browse the terms and conditions on the vodafone website before signing the contract at the shop! I admit that he did mention briefly that I could cancel the contract within 14 days verbally, but I didn’t release that I had no right to cancel the contract or change the price plan at all based on the terms and condition printed on the back of the contract which I signed at the shop. I thought that anything I bought was fine to return up to 30 days for my full money back.

He also emphasized that this term is already stated at the back of the contract, he pointed to the following text:

“7) Variation of charges and terms’
a) we reserve the right to increate/decrease our charges from time to time and/or introduce new charges from time to time. If we increase/decrease our charges, we will give you at least 14 days’ prior notice.

What on earth has this clause got to do with my right to cancel the contract? :eek: He told me that I definitely couldn’t cancel the contract because of this clause. "I need to cancel the contract within 14 days'. Apart from this clause, I haven’t really seen any terms relating to the contract cancellation printed on my contract. This sales advice was absolutely confusing. :mad:

Again, I am not happy to be forced to continue with this contract for a further 17 months even though the salesman suggested me changing to the lower tariff after 9 months. I am wondering whether I really have right to cancel the contract within 30 days of purchasing.

Your suggestions and comments are greatly appreciated. :j

Comments

  • Strangled
    Strangled Posts: 186 Forumite
    100 Posts
    Not sure which phone you have, but go to settings and you have to tell it to use your wifi access point.
  • chocolateypie
    chocolateypie Posts: 106 Forumite
    I don't think you'll be able to cancel this contract at all, as in this case they haven't missold you the product - you won't be charged if you connected to the internet via wifi. It sounds like you've accidentally selected GPRS so you would've been charged for the data.

    When it comes to contracts, most networks allow you to cancel within 14 days, and of course you'll have to pay for any calls/texts you've made. If you have say, a signal problem with the network, 14 days is reasonable enough for you to try it out. I've never come across any network that lets you cancel after the 14 day period without a seriously good and genuine reason.

    30 days returns policy just does not apply to contract phones I'm afraid.
  • BattleToy
    BattleToy Posts: 109 Forumite
    thanks for all your comments.

    My mobile is nokia E65. I am hoping either my contract can be cancelled or my price plan can be altered to a lower tariff that includes vodafone internet access. At the moment, I have found that it is too much to pay an extra 1 pound or more for daily internet access on top of my monthly payment 35 pounds.

    The thing is I am not happy with the customer services and do not accept a kind of attitude from the people at the Nokia shop and vodafone helpline 191 that it was customer fault and they all ignored customers concern and even not tried to find an alternative solution to help the customers. I think it is ridiculous that I am forced to continue with this contract for a further 17 months when I am not happy with it. :mad:

    Again, I thought that anything I bought was fine to return up to 30 days for my full money back or even exchange other products. :(
  • faza20
    faza20 Posts: 117 Forumite
    Hi Battletoy

    Sorry to read the problems you've had so far, working for Vodafone, I may be able to offer some details.

    The cooling off period for any Vodafone contract is 14 days, as after this time you'll know what reception, services etc are like. After the 14 days, the only way out is to pay up the line rental in advance (sorry it's not better news). You could try talking to the manager of the store, but as the contract was obtained from a 3rd party dealer, Vodafone would not be able to cancel the contract (unless either the contract is complete, or the line rental is paid in advance).

    Regarding the internet, if you are using Wi-fi, Vodafone will not and cannot charge you. The reason being is that you are not using the Vodafone network. When using Wi-fi you will be using your own ISP. The only time Vodafone can charge you is if you are using GPRS, so if you are receiving charges, you will be using GPRS instead of Wi-fi.

    Sorry I'm not the bearer of better news
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