Canceliing Mobile Contract before handset received??

Lost24

Can anyone assist with my query - I upgraded my mobile in a carphone warehouse on Sunday but the handset was not in stock and its due today. I then received a call from my existing provider with a better deal and tried to call carphone warehouse to cancel. I couldn't get through and went into the store today and they refused to cancel the contract as I did not have the phone.
They said I need to accept the phone when it arrives and then they will cancel it, which means I have to go back into the store. Is this right - if I have not accepted it surely they can just cancel the contract at my request?

stugib

Lost24 wrote: »

I couldn't get through and went into the store today and they refused to cancel the contract as I did not have the phone. They said I need to accept the phone when it arrives and then they will cancel it, which means I have to go back into the store. Is this right - if I have not accepted it surely they can just cancel the contract at my request?

You can see it from their point of view though surely? There's a phone on its way to you, they could cancel the contract and you could still accept the phone.

Lost24

Hi, yes and I accept that & that I have changed my mind, I want to exercise my right to cancel. I just wanted to know why or whether I should accept the phone? Thanks :-)

bod1467

Technically as this was an in-store purchase, you have NO RIGHT TO CANCEL other than what the retailer's T&Cs allow for. If these say you must accept the phone delivery and return it to the store, then that is what you must do.