Cancelling a mobile contract within 7 days?

IronWolf

I signed up to a new mobile contract online through Mobiles.co.uk, handset was free and contract is £18pm. The phone arrived and the contract started last week, and after using the phone I am not happy with it. It is already struggling to run the apps I've installed, so in a couple of years time performance is going to be woeful. The network operator has also charged me more than the advertised monthly cost for the first month, for no reason (this wasn't because of any additional charges I'd incurred).

I want to cancel the contract and return the phone, am I within my rights to do so? The Mobiles.co.uk info says they only accept returns if the handset is unused, but surely normal distance selling rules apply?

bod1467

Nope. If the T&Cs of the contract explicitly define that commencement of the contract (service) waives the right to cancellation, then you've lost that right.

The CCRs have superseded the DSRs (as of last summer), but both included the same clause as I recall - commencement of a service (as long as it was defined and agreed in the T&Cs) waives the cancellation rights.

IronWolf

Damn, well thanks for the info, looks like I'll have to make do.

bod1467

It all depends on whether the T&Cs include this, and whether this was made aware to you prior to the contract being formed.

However it seems pretty clear to me that they have this covered.

http://media.mobiles.co.uk/tandc/Mobiles_/Mobiles-returns-cancellation-and-exchange-policy.pdf

14 Day Return
The returns period and the following instructions apply to contract, pay-as-you-go and upgrade orders.

If upon receiving your handset you decide you no longer want the handset or the contract, then you can complete a 14 calendar days return.

For this to be completed you need to:

[] Contact our Returns team by using our Live Chat service which can be found http://mobiles.co.uk/contactus.html or you can fill out a cancellation request form online by visiting the My Account section on our site.

[] Ensure the Sim/Handset/Free gift has not been used (use signifies acceptance of your contract).