Cant cancel my mobile phone

KaratePigeon

I know there is a forum for mobiles but didn't get any help on there so hope its ok to post on here.


I ordered a phone upgrade from Vodafone, they messed up and sent it to the wrong address, this was about 10 days ago. I have honestly spent hours on the phone, either on hold or speaking to various 'managers' who promise me a new one will arrive within 24 hours. They just don't send it and apparently have no record of any problem. I'm not sure how long the cooling off period but I'm absolutely fed up with them and want to cancel the whole contract.


Now I can't even get through to them to tell them this, and am reluctant to waste any more time on their mistake. I'm tempted to just instruct my bank to stop all payments but obviously don't wan't this on my credit record in the future. What can I do??

bod1467

Online or phone order?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

(The new Consumer Rights Act won't help you as this only came into force yesterday).

KaratePigeon

I ordered it initially via online chat. Have contacted them several times since by phone (and once more by chat). Can I just send an email or letter then they can't say they haven't received it? Surely they need to extend my 'cooling off' period if I haven't even received the device yet?

bris

If it was an upgrade then it's not a new contract but an extension of an existing one. you don't have the same cooling off period as you would with a brand new contract.


Cancelling the payments does not cancel a contract it just brings more trouble by way of defaults, credit file problems etc.


You have breach of contract but as they are putting that breach right then they are doing what the law requires of them. You could write to them with a deadline to correct the problem, this would give you a credible reason for cancelling due to breach if the reasonable deadline is not met.

unholyangel

bris wrote: »

If it was an upgrade then it's not a new contract but an extension of an existing one. you don't have the same cooling off period as you would with a brand new contract.


Cancelling the payments does not cancel a contract it just brings more trouble by way of defaults, credit file problems etc.


You have breach of contract but as they are putting that breach right then they are doing what the law requires of them. You could write to them with a deadline to correct the problem, this would give you a credible reason for cancelling due to breach if the reasonable deadline is not met.

A continuation of a relationship is not the same as the continuation of a contract.

For example when upgrading with virgin, its a new contract. You can't keep your old price plan if they no longer offer it. In order to be an extension, it would have to be under the old terms. Otherwise it forms a new contract which extinguishes the rights and obligations of the old contract and creates new rights and obligations.


And also the 14 day cooling off period for goods under CCRs runs from the day after delivery of the goods (even for mixed contracts).