Cancel mobile Upgrade?

szope

Hello,

I have recently upgraded my mobile phone contract & have been told I am unable to cancel the upgrade, is this true?

I am on Orange and my contract expired last month. Phones4u phoned me & offered me an upgrade. I accepted an offer over the phone, to keep me on the same tarif and deliver me a new handset.

The next day I received the new handset & new paper wrok I have decided that what I understood during the phone call was not what I was getting. I phoned Phones4U and they said that I cant cancel as it was an upgrade and UK legislation does not cover this as its an extension to an existing contract!! I dont remember them making this clear over the phone. I spoke to several advisors over the phone and they said they could not help.

I have now written to Phones4 U a notice to cancel, and am awaiting further response from them. I am aware of the 'Consumer Protection (Distance Selling) Regulations 2000' and this says I have a right to cancel within seven days.

P4U have written back and stated:
"I understand that you are requesting to cancel the upgrade, as you feel that the package is unsuitable for your requirements. Phones 4u do not offer a returns period on upgrades because the customer would already have at least 12 months experience with the network in question. A customer would therefore be aware of that particular network’s coverage and their terms and conditions.

It is further advised in the legal script of the sales call that Distance Selling Regulations do not apply to the terms of your agreement."


What can I do next?? Any advice is greatly appreciated.
Thanks

ZhugeEX

Distance selling regulations don't always apply to upgrades. And tbh i'm not surprised P4U aren't giving you any goodwill. They're a terrible company to deal with.

If you were mis sold you can claim just that. That would give you the right to cancel your contract.

From P4U-

We do not operate a returns period for Pay Month Upgrades, however, if you are unhappy with the handset selected, then we are able to discuss a potential exchange (this only applies to Pay Monthly Upgrades taken out online or over the phone with our Sales Team)

d123

Not much, upgrades don't have the cancellation rights of new contracts (just as the retailer has told you). You have just extended the minimum term on your existing contract.

You are expected to do your research before ordering the upgrade, not after.

What is different from what you thought it would be?

szope

Hi, thanks for the advice so far. Phones4U are not being very helpful at all! I am very disappointed by the customer service.

So I have no rights to cancel because its an extension to an existing contract? That seems a bit unfair to me. Are they not 'selling' the extension to the contract with a new handset??

When I ordered the phone I did a little research and decided on the handset I wanted, but when I was speaking to them they said it was unavailable & I was 'sold' a different handset which I was led to believe was just as good. As I was on the phone speaking to Phones4U I could not verify the handset online during the call. When it arrived in the post it was not what I expected.

I've already had an email from P4U denying that they have mis-sold the phone. This is why I thought the distance selling regulations would protect me.

Cycrow

they are not selling the handset, they are giving it to you for free.

what handset did you want to get, and which one did they offer instead?
what is actually wrong with the handset you got ? (ie what dont you like about it)

Guys_Dad

szope wrote: »

Hi, thanks for the advice so far. Phones4U are not being very helpful at all! I am very disappointed by the customer service.

So I have no rights to cancel because its an extension to an existing contract? That seems a bit unfair to me. Are they not 'selling' the extension to the contract with a new handset??

When I ordered the phone I did a little research and decided on the handset I wanted, but when I was speaking to them they said it was unavailable & I was 'sold' a different handset which I was led to believe was just as good. As I was on the phone speaking to Phones4U I could not verify the handset online during the call. When it arrived in the post it was not what I expected.

I've already had an email from P4U denying that they have mis-sold the phone. This is why I thought the distance selling regulations would protect me.

I am afraid that they did not miss-sell you, You miss-bought by not checking out what they were offering. "Too eager to get the shiny new handset-itis" I am afraid and, of course, you didn't check their t&c before agreeing the upgrade.

You will know next time.

macman

Why didn't you terminate the call, go away and research the handset and call them back? You only have a case if the handset was mis-described.

Herongull

"Upgrades" as such are not excluded from the DSRs. Phone companies often try this on.

There is not legal definition for "Upgrade", it is simply a marketing term used by phone companies for either:

1/Extending an existing contract, often with a new phone. NB the phone is not free as these contracts are considerably more expensive than sim only contracts

or

2/Transferring you to a new contract often with a new phone etc etc

Contract extensions are a grey area with the DSRs. New contracts are covered by the DSRs. However, if you wanted the new contract to start immediately you can agree to waive your rights to a cooling off period under the DSRs, but this should have been made clear to you.

So you may have a case for cancelling if you are within the DSRs 7 day cooling off period, but you will have to fight your corner.

The other possible ground for cancelling is misrepresentation. Did the phone company misrepresent the phone spec or features and did you base your decision on this misrepresentation?

Suggest you ask them for a copy of the recording of the conversion.

daveuk1

I don't see the problem. You can exchange the handset for a different model if you're not happy with it (subject to not having used it etc), you just can't cancel the contract extension.

Orrin

If you're happy with the airtime contract and don't mind waiting a little longer, why not ask if they will exchange the handset for the one you wanted when it becomes available?

If they refuse then make it clear that you are going to cancel the entire agreement under DSR and also mention that you believe they misrepresented the handset during the sales call. Also ask for a recording of the original call.

The sales person obviously wanted to sell you any handset they could to get their commission but from the company's point of view I don't see why it would be worth the hassle to fight you over it when you just want a different model. Although it is Phones4U so anything's possible.

Is it worth selling the handset and buying the one you wanted on payg/sim free?

d123

Orrin wrote: »

If they refuse then make it clear that you are going to cancel the entire agreement under DSR

Please explain how they will do this? Remembering they have already begun to use the phone and the service.

Before you answer, read this:

http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

Your right to change your mind about your new mobile service or phone

If you buy your mobile online or over the phone

If you buy a mobile handset online, by mail order or over the phone without also taking out a mobile service contract, the UK distance selling regulations give you seven working days from the day after you receive the handset to return it and receive a refund. You don't have to give a reason.

If you take out a pay-as-you-go or pay-monthly mobile contract at the same time, you still have the right to cancel the order and receive a full refund for up to seven working days from the day after you place the order. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately.