3-Network refusing to cancel new contract still within 7 day period

desperate101

Hi Everyone,
May need a bit of help here:
Is 3-network acting lawfull in this case?
Contract up for renewal/upgrade, so phoned to get upgrade on 18.07.2013.
They didn't have the phone in stock which I wanted, so asked to go on sim only contract for the time being.
Instead they talked me into a different phone, saying that would be perfect for my kind of use.
Also stated that I can return it within 14 days if not suitable.
Received said phone on 19.07.2013 and used it until 22.07.2013.
Phoned up today (23.07.2013), still within 7 days, to cancel the contract and send the phone back as it is rubbish and unsuitable for my needs.
Got told "that would not be possible(will not accept return/cancel contract), because you used it" :mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:
Found their terms and conditions afterwards here: (on their website can't post links yet)
Question is, can they do this? How are you to find out if the phone is going to do it's job for you if you don't use it? Do they expect you to look at it (not use) and decide "yes it's shiny and new, must be a good phone"? :rotfl:
If nothing else, everyone thinking of joining them should be aware of this!:(

desperate101

Has anyone got their returns address?
Thinking to send the phone back regardless, together with a letter of intent.
Many Thanks

gjchester

desperate101 wrote: »

Is 3-network acting lawfull in this case?

Yes. Bad from a customer service point of view but...

desperate101 wrote: »

Also stated that I can return it within 14 days if not suitable.
Received said phone on 19.07.2013 and used it until 22.07.2013.
Phoned up today (23.07.2013), still within 7 days, to cancel the contract and send the phone back as it is rubbish and unsuitable for my needs.
Got told "that would not be possible(will not accept return/cancel contract), because you used it" :mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:
Found their terms and conditions afterwards here: (on their website can't post links yet)
Question is, can they do this? How are you to find out if the phone is going to do it's job for you if you don't use it? Do they expect you to look at it (not use) and decide "yes it's shiny and new, must be a good phone"? :rotfl:
If nothing else, everyone thinking of joining them should be aware of this!:(

There are three possible areas where you could have rights.

1,DSR is 7 days not 14 and gives you the right to inspect an item in your home. It came from the idea that a picture on the web may not depict the colours as you see them at home on an item, or you may misjudge the size/shape/weight, all of which you would have known if you bought it in store.

Either way it's a right to inspect NOT a trial use period and Three are very specific over this. Three say that by using the phone you "unseal" and customised the software, and so void the return. It would should have been told to you over the phone, or on a piece of paper in the box that using it voids a return. You most likely were asked if you agreed to the T&C and said yes to process the order.

2. DSR is valid new contracts only, NOT upgrades to existing ones. Now most companies extend your DSR rights to upgrades as internal policy (and some extend it to 14 days), Three don't recognise that either if you have used the phone.

3. Company Goodwill, It's Three not quite as bad as P4U but still enough said.


So Sorry you do not have any rights other than company goodwill. You could try asking for the conversation where the sales agent promised you the 14 day trial period.



Its not new, they've followed this policy for years. Yes it's a lousy policy and does not encourage customer goodwill, but that's Threes policy. The view of unsealing software by using a phone is very narrow, but if you wish to contest it in court you can try and set a precedent.

Good Luck.

gjchester

desperate101 wrote: »

Has anyone got their returns address?
Thinking to send the phone back regardless, together with a letter of intent.
Many Thanks

You added this after I started typing.

You can cancel the contract fully at any time, however there may be an Early Termination fee equivalent to line rental remaining over the minimum term.

Sending it back with a letter of intent that you wish to cancel would put you as the party breaking the contract and may make you liable for Early Termination fee's.

Bobbybaggio

If you're saying Three didn't tell you that the cooling period is void if you use the phone then you can report this to their investigations team by calling 333. I would imagine they'll listen to the call recording and make an informed decision on the complaint.

desperate101

Thanks very much to you all who replied and advised.
Everything considered, I think I will proceed as follows.
Phone them one more time.
Explain they are about to lose a loyal customer of many years.
Then if still no joy, just do them over.
Credit is shot to bits anyway after messy divorce LOL.

davethorp

You could try getting in touch with three on either their blog, facebook or twitter. Often far easier than calling 333 can be

desperate101

Thank you for that one
:beer:

Herongull

gjchester wrote: »

Yes. Bad from a customer service point of view but...

There are three possible areas where you could have rights.

1,DSR is 7 days not 14 and gives you the right to inspect an item in your home. It came from the idea that a picture on the web may not depict the colours as you see them at home on an item, or you may misjudge the size/shape/weight, all of which you would have known if you bought it in store.

Either way it's a right to inspect NOT a trial use period and Three are very specific over this. Three say that by using the phone you "unseal" and customised the software, and so void the return. It would should have been told to you over the phone, or on a piece of paper in the box that using it voids a return. You most likely were asked if you agreed to the T&C and said yes to process the order.

2. DSR is valid new contracts only, NOT upgrades to existing ones. Now most companies extend your DSR rights to upgrades as internal policy (and some extend it to 14 days), Three don't recognise that either if you have used the phone.

3. Company Goodwill, It's Three not quite as bad as P4U but still enough said.

Not true.

The DSRs put in a strong position (as long as you cancel within 7 working days).

"Upgrades" are not an exclusion under the DSRs. An "Upgrade" is simply a marketing term used by phone companies for new contracts (and sometimes also for extensions to existing contracts). You are paying for an new phone on your "upgrade" contract, and the DSRs do give you the right to inspect and even to use the phone even if this means that the phone can no longer be sold as new. DSRs are very clear about this and Three has to comply with the law.

Your position is strengthened further by what they told you on the phone. Essentially they have extended your 7 day DSR rights to 14 days. If what told you played a big factor in your agreement to the "upgrade", and they are now saying it wasn't true, then you can cancel the contract.

See: http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967/

StuC75

Know with O2 there is no cooling off period when upgrading since you are already a customer..

Silk

StuC75 wrote: »

Know with O2 there is no cooling off period when upgrading since you are already a customer..

Of course they do what makes you think that ???