Cancel mobile Upgrade?

Guys_Dad

d123 wrote: »

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/

I have always quoted that as well, but just had a thought.

On a new contract, when you start using the handset on the contract service, you have deemed to accept.

But in an upgrade situation, if you have started early and the time is added to your existing contract, then you haven't started the "new" period of service yet, have you?

Now I know that this doesn't apply in this case, but at my age, when an idea comes into your head, you need to get it down or it flies off.

Sorry to digress.

Orrin

d123 wrote: »

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/

It's not clear from the OP whether he's started to use the handset or service yet and the Which guide is all well and good but doesn't tell the whole story. See Regulation 8(3) for example.

d123

Orrin wrote: »

It's not clear from the OP whether he's started to use the handset or service yet and the Which guide is all well and good but doesn't tell the whole story. See Regulation 8(3) for example.

The Which story is pretty much the same as the policy by Three on all contracts, and they have never been challenged.

Use the service in any way and DSR is waived.

When we say “as new” we mean:

The device, packaging, manual, all accessories and any free gifts that came with the device are all undamaged and don’t have any marks on them.

When we say “unused” we mean:

You’ve not made or received any calls (voice or video), sent or received any texts (unless from Three), or been on the internet with your device (excludes syncing as part of the switching on process). For Apple devices, you’ll also need to make sure you’ve not removed the cellophane wrapping.

http://www.three.co.uk/Support/Device_Support/Returns

Phones4U do say the following in their terms:

*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)

Cycrow

Guys_Dad wrote: »

But in an upgrade situation, if you have started early and the time is added to your existing contract, then you haven't started the "new" period of service yet, have you?

Technically you have already started, as the ugprade starts straight away, and the remaining time is added onto your new contract.

thats why when you upgrade and your tariff changes, those changes take immediate effect, not after the old term finishes. So if your monthly amount increases, you start paying that straight away

Orrin

d123 wrote: »

Use the service in any way and DSR is waived.

No, not necessarily. See the regulation I mentioned before. They have to give you notice in a 'durable medium' that you won't have a right to cancel. If this was all done over the phone with no email or written confirmation that's not sufficient to waive the cooling off period.

I agree that broadly speaking with a mobile phone once you start to use the service you no longer have a right to cancel, but it's not always the case and the company have to comply with the regulations.

The bit you quoted from Three about returns having to be in 'as new' condition is a perfect example of a company trying to specify something that isn't required by the DSR.

Guys_Dad

Cycrow wrote: »

Technically you have already started, as the ugprade starts straight away, and the remaining time is added onto your new contract.

thats why when you upgrade and your tariff changes, those changes take immediate effect, not after the old term finishes. So if your monthly amount increases, you start paying that straight away

Not always the case. If you are going to a cheaper contract after upgrade, you will still be paying the old rate till that finishes. The new contract will be for, say, 24 months plus the remaining 3, not 27.

So, although your handset may have been upgraded, it is running on the run out of the old contract until the new one kicks in.

Cycrow

Guys_Dad wrote: »

Not always the case. If you are going to a cheaper contract after upgrade, you will still be paying the old rate till that finishes. The new contract will be for, say, 24 months plus the remaining 3, not 27.

So, although your handset may have been upgraded, it is running on the run out of the old contract until the new one kicks in.

Thats not what happen to me when i upgraded to a cheaper version.

i did it 6 months early, and my cheaper tarrif started straight away and i had 30 months at the cheaper rate, not 6 months at the old then 24 at the cheaper.

The latest upgrade i did recently also included a discount, and that discount also started straight away