Trying to Return a ipad mini bought on contract

magic-one

I am trying to return an ipad mini bought on contract in a Three shop. My grandson has taken out this and he can't afford it he is on a fixed income and doesn't understand the implications how it will have to be paid for for the next 24 months. He has a rare disability one of the symptoms is a lack of planning. The shop has refused to take it back within the 7 days because it has been opened, I have explained to them he didn't understand the verbal contract he just told me the item was free, but it is paid for via the data contract which hasn't started yet. The store told me to contact Three customer service by phone after an hour talking to them they agreed to cancel the contract. I was to return to the store and tell them to phone their cancellation team the store didn't want to do this. When finally they did this after another hour on the phone the cancellation team didn't have any notes from my phone call and refused to honor the agreement. Anyone got any ideas on this.

visidigi

Have you put the sim into the device?

SuperHan

Does somebody have power of attorney over your grandson if he is not capable of making such decisions?

magic-one

Hi thanks for the replies. His mother looks after his money he is drip fed to his bank account. He does not work but gets a small benefit like EMA. He is on a medication that supresses his condition so he acts sometimes quite normally he is quite tech savvy as he spends more time indoors than most kids, so yes he has inserted the sim but it wont get to be activated until October. The 3 store made it fairly clear that they are not interested in any type of device return or cancellation of the contract. Looks a difficult one.

Whiteknight

magic-one wrote: »

I am trying to return an ipad mini bought on contract in a Three shop. My grandson has taken out this and he can't afford it he is on a fixed income and doesn't understand the implications how it will have to be paid for for the next 24 months. He has a rare disability one of the symptoms is a lack of planning. The shop has refused to take it back within the 7 days because it has been opened, I have explained to them he didn't understand the verbal contract he just told me the item was free, but it is paid for via the data contract which hasn't started yet. The store told me to contact Three customer service by phone after an hour talking to them they agreed to cancel the contract. I was to return to the store and tell them to phone their cancellation team the store didn't want to do this. When finally they did this after another hour on the phone the cancellation team didn't have any notes from my phone call and refused to honor the agreement. Anyone got any ideas on this.

I take it your grandson is over 18 years old and signed the contract?

Another poster has asked if anyone holds Power of Attorney for your grandson - if someone does then you might be able to go down the route that he could not legally sign the contract and see if that would work.

Sounds harsh but I would just make sure he pays even if it means he has to go without other things - I would also look at not allowing him to use the device and selling it to cover the costs.

visidigi

magic-one wrote: »

so yes he has inserted the sim but it wont get to be activated until October.

Can you explain this further? Three's policies are pretty clear that once the sim is in the device and it connects to the network they won't take it back and the contract is valid.

magic-one

Thanks again for your replies. His mum does have power of attorney over his financial affairs. The sim although inserted is not due to be activated until October. Hope this is clear.

Buzby

I don't know who said it won't be activated for 2 months, which is patently nonsense. With the SIM in, the service is up and running. Three have done nothing wrong - it may be better if he is defaulted as this will usually prevent him doing the same again (for 5 years).

Parental responsibility for someone cannot end or be vacated simply because they were not vigilant. Either sell the goods and pay off he contact, or advise CRA's of the lack of competence of the data subject in the hope that any further checks result in a refusal.

visidigi

magic-one wrote: »

Thanks again for your replies. His mum does have power of attorney over his financial affairs. The sim although inserted is not due to be activated until October. Hope this is clear.

Not possible - check how he's connecting to the internet on it. If its on the Three network....its active and Three are correct in saying it cant be returned.

hgotsparkle

magic-one wrote: »

Thanks again for your replies. His mum does have power of attorney over his financial affairs. The sim although inserted is not due to be activated until October. Hope this is clear.

Are you sure they don't mean that first payment isn't taken until October?

macman

As requested by Whiteknight, is he 18 or over? This is crucial. If he's not, then the contract is invalid full stop and cannot be binding, as minors can't agree legal contracts.
If he is 18 or over, and they verified his DOB and address correctly, then the contract is valid and they are under no obligation to cancel without penalty, whatever the ethical considerations.
A POA does not prevent him making a legal contract-it just means that the designated attorney can also make one on his behalf without his approval.