Cancel within 14 days

mzayed92

Hi all, I am new to the forum so forgive if I make any mistakes.

I recently took out a contract with o2 through mobiles.co.uk however due to finding a better deal with sky I would now like to cancel. I am within my 14 days still. However on the mobiles.co.uk site it says 'We will only be able to offer a refund if the goods being returned are unused and in their original packaging. Inserting your SIM card into the handset will signify acceptance of your contract and you will therefore not be entitled to return your handset or cancel your contract. All equipment including manuals, free gifts and accessories must be returned undamaged and in the same condition they were first supplied.'.

I have turned on the phone and begun using it. But does this actually affect your rights in the 14 days? Thanks for any help. Much appreciated.

[Deleted User]

You've answered your own question haven't you? You started using the service so you've accepted the T&C's.

[Deleted User]

Basically, the cooling off period allows you to change your mind, not 'test it out'.

jon81uk

I expect you can cancel the contract (due to the legal cooling off period) but you may be liable for the handset and any call costs you have already used. As the phone has been used the handset can't be returned under the distance selling regulations, but you might be still in the cooling off period for the contract only.

https://www.citizensadvice.org.uk/consumer/phone-internet-downloads-or-tv/cancelling-a-phone-tv-internet-or-mobile-contract/

mzayed92

Just to let you all know I was able to return both the contract and the phone even though I had used it. The upfront cost has been returned to me and the contract cancelled.