O2 CPW 7 Day Cancellation for Upgrade

mbailey

How is the 7 day cooling off period calculated?

According to the DTI, the 7 day cooling off period is called as "7 working days".

http://www.dti.gov.uk/consumers/fact-sheets/page38102.html

I agreed to an upgrade with O2 (CPW) on Friday 3rd August. I later decided I didn't like it so I phoned them and they told me to write. I wrote a letter to them on the evening of Tuesday 7th August which was posted 1st class recoreded delivery on Wednesday 8th August. According to Royal Mail tracking this was delivered on Friday 10th August to O2.

O2 have written to me and confirmed my letter was received on 10th August but they say it is outside the 7 days! How can this be the case?

If we ignore the fact that the DTI says "7 working days" and just take 7 calendar days, surely Day 1 is the day after the agreement is made? In which case 7 days after the 3rd August is the 10th August which is the day they received my letter?

Have O2 CPW really got a leg to stand on?

mbailey

Any comments?

Stephb1986_2

I would tell them to jog on cancel the direct debit walk into carphone warehouse and tell them that you have took out a contract with a different network and that you are returning the phone no matter what. did you take out the insurance??? if you did you can cancel on that and walk away from them. i hate carphone warehouse they are the biggest pile of crap ever!

i hope this helps
Stephb

z4kir

Legally a letter of revocation can be effective only when received, therefore they do not have to accept your revocation as it is outside the 7 day period. Though in my opinion I think it is infact regarded as 7 working days, therefore I would argue this fact. Would be better to call and ask to speak to someone as senior as possible rather than write to them again.

mbailey

mbailey wrote: »

How is the 7 day cooling off period calculated?

According to the DTI, the 7 day cooling off period is called as "7 working days".

http://www.dti.gov.uk/consumers/fact-sheets/page38102.html

I agreed to an upgrade with O2 (CPW) on Friday 3rd August. I later decided I didn't like it so I phoned them and they told me to write. I wrote a letter to them on the evening of Tuesday 7th August which was posted 1st class recoreded delivery on Wednesday 8th August. According to Royal Mail tracking this was delivered on Friday 10th August to O2.

O2 have written to me and confirmed my letter was received on 10th August but they say it is outside the 7 days! How can this be the case?

If we ignore the fact that the DTI says "7 working days" and just take 7 calendar days, surely Day 1 is the day after the agreement is made? In which case 7 days after the 3rd August is the 10th August which is the day they received my letter?

Have O2 CPW really got a leg to stand on?

ARGGHHH - Just received another letter from O2 today.

Now they are claiming that as I did an airtime only upgrade it is not possible to cancel it at all as there is no such thing as the 7 day cooling off period!

They say that the cooling period is only applicable if you have a new phone on an upgrade, but with an airtime only upgrade it doesn't count.

According to the DTI anything purchased on the phone (or internet) whether it is a physical item or a service should come with the 7 day cooling period.

I think I will have to ring them tomorrow and see how I get on...

The sooner I can get away from O2 the better.

mikeipswich

I'm having the same problems with 02/CPW at the moment telling me that 'airtime upgrades are not covered by Distance Selling Regs'. Could you tell me how you got on?

Thanks

mbailey

mikeipswich wrote: »

I'm having the same problems with 02/CPW at the moment telling me that 'airtime upgrades are not covered by Distance Selling Regs'. Could you tell me how you got on?

Thanks

To be honest I gave up fighting them and decided to keep the contract.

I wrote a few letters to O2 and they weren't going to budge. They kept writing to me tell me that if I cancelled the contract I would be liable for the remaining cost of the contact still (11 months @ £30 = £330).

I don't see how they have a leg to stand on, but obviously they wouldn't want to give in easily.

Good luck how you get on!