Carphone Warehouse EE

p.w.30

Hi,

I need some advise please regarding a contract taken out at Carphone Warehouse by my Mum. She signed up to a Samsung S8 on an upgrade from her last contract, she only went to the shop to view the phones and has essentially been pressed in to a new deal on Sunday.

When she told me yesterday about the deal I said for her to cancel it as she could save herself £250 a year by getting a different contract with the same phone and more data, she agreed and I took her to the shop were I was informed that you cannot cancel a contract once it has been signed in store and there is no such thing as a 14 day guarantee. She was told this was the best deal (it's not), wasn't informed the phone cannot be cancelled within 14 days (surely miss sold) and wasn't given a demonstration on how to use the phone (which I was told in the shop is the reason why the 14 day policy isn't valid to in store purchases). Since it's only been 4 days is there anyway to cancel the contract? I don't see how someone can be pressured in to signing a deal and then have no way to cancel.

Oakdene

Did someone put a gun to her head to get her to sign the upgrade contract?

mac.d

I don't think there is anything you can do. The 14-day cooling off period for cancelling is only for online/over the phone and not when you go into a shop and sign a deal instore. Just because she can get a cheaper deal anywhere and didn't go into the shop planning to upgrade doesn't mean she has been mis-sold anything.

d123

p.w.30 wrote: »

Hi,

I need some advise please regarding a contract taken out at Carphone Warehouse by my Mum. She signed up to a Samsung S8 on an upgrade from her last contract, she only went to the shop to view the phones and has essentially been pressed in to a new deal on Sunday.

When she told me yesterday about the deal I said for her to cancel it as she could save herself £250 a year by getting a different contract with the same phone and more data, she agreed and I took her to the shop were I was informed that you cannot cancel a contract once it has been signed in store and there is no such thing as a 14 day guarantee. She was told this was the best deal (it's not), wasn't informed the phone cannot be cancelled within 14 days (surely miss sold) and wasn't given a demonstration on how to use the phone (which I was told in the shop is the reason why the 14 day policy isn't valid to in store purchases).

There is no 14 day return on contracts signed in store, the law expects over 18 year olds to be adult enough to handle their own affairs. If they wanted a demonstration they should have asked, that's how it works.

Since it's only been 4 days is there anyway to cancel the contract?

Yes, you can pay the early termination charge and leave early, you could go bankrupt or you could die, otherwise no.

I don't see how someone can be pressured in to signing a deal and then have no way to cancel.

So the person was held by force?

Surely they had the ability to say no and walk out the door at any time...

macman

There's usually no cooling off period on upgrades, whether in store or not. Why did she think she had 14 days to cancel? Sounds like an impulse buy followed by buyer's remorse. If you visit a CPW store, then you must expect them to try to sell you a phone contract-that's what they are employed to do.

mobilejunkie

The OP seems aggrieved the salesperson failed to explain basic law to her by not informing them there is no cooling off period. Strange. Also strange that she didn't get a demonstration. Er - did she ASK for one???