PAYG Sim - Distance Selling Regulations

peachyprice

How long have you had your handset? You might be enititled to a free unlock anyway.

https://www.choose.co.uk/guide/unlock-mobile-phone-how-to.html

Aylesbury_Duck

Shoog wrote: »

What are you quoting there? I could easily return the sim to its original condition, but the I don't think that's relevant here. What I've purchased is surely classed as a service rather than goods? In which case the service has not started, because it hasn't been activated.

If you've cut the SIM from its template and installed it in your phone, I can't see how you can return it to its original condition. It's now used.

As to the service/goods element, I disagree, although I think it's a grey area. You've bought a physical item with a service attached. I agree the service hasn't started but you still have what is now a used item.

sheramber

Does this apply? Is this what they are asking you to do?

SIM only
You may have received a message from Three advising you to switch your SIM to a Three mobile, as you may have been using it in a 2G handset which is not compatible on our network. We want you to continue to use Three's great services, so you need to use it in a 3G or 4G enabled mobile.

owen_money

Shoog wrote: »

I can get an O2 sim with exactly the same rates and they will unlock it for free after a period of time, so that's my intention. O2 also state clearly on their website they would refund within 14 days in the same situation, not that I will need to exercise that.

Why didnt you do that in the first place?

And why would you buy a sim if you didnt know if the phone was unlocked, school boy error there I'm afraid. 5/10, must try harder

Finally, you seem to be doing a lot of running around for a tenner

Shoog

Aylesbury_Duck wrote: »

If you've cut the SIM from its template and installed it in your phone, I can't see how you can return it to its original condition. It's now used.

As to the service/goods element, I disagree, although I think it's a grey area. You've bought a physical item with a service attached. I agree the service hasn't started but you still have what is now a used item.

Agree it's a grey area. The sim is of no use without the service and buying it without the service was not an option that was offered (it may be possible but it wasn't offered). No cutting involved - the sim can be snapped back into the template but hopefully not relevant.

sheramber wrote: »

Does this apply? Is this what they are asking you to do?

SIM only
You may have received a message from Three advising you to switch your SIM to a Three mobile, as you may have been using it in a 2G handset which is not compatible on our network. We want you to continue to use Three's great services, so you need to use it in a 3G or 4G enabled mobile.

Thanks, but no. I haven't received any message because the service hasn't been activated because the phone is locked to another network. The phone is 3g enabled.

owen_money wrote: »

Why didnt you do that in the first place?

And why would you buy a sim if you didnt know if the phone was unlocked, school boy error there I'm afraid. 5/10, must try harder

Finally, you seem to be doing a lot of running around for a tenner

Good effort I went with Three because I've used them before in another mobile and thought it would be easier. Agree I should have checked if the phone was locked - just slipped my mind. Again this is Money Saving Expert and this is the Consumer Rights forum. If I want to give away £10 I'll do it to a charity of my choosing rather than a corporation (and I do). And no running required, just a bit of typing and a phone call.

peachyprice

owen_money wrote: »

Why didnt you do that in the first place?

And why would you buy a sim if you didnt know if the phone was unlocked, school boy error there I'm afraid. 5/10, must try harder

Finally, you seem to be doing a lot of running around for a tenner

Well, yes. Op could have ordered a free 3 sim and stuck it in their phone to make sure it worked, there was no need whatsoever to buy a £10 pre-loaded one.

unholyangel

Not really a grey area at all. The laws quiet clear.

In the case of goods, they can only make a reduction to a refund if:
1) Your handling goes beyond what is reasonable
2) That handling diminishes the value
3) They informed you of your rights, the conditions, time limits & procedure required by regulations 27 to 38 in accordance with part 2.

As for services....they must not begin provision of the service during the cancellation period unless you have made an express request. Even then, you can still cancel, you'd just be liable for a proportionate amount for the services that were provided during the cancellation period - again, assuming the trader complied with the necessary obligations under the CCRs.

Shoog

peachyprice wrote: »

Well, yes. Op could have ordered a free 3 sim and stuck it in their phone to make sure it worked, there was no need whatsoever to buy a £10 pre-loaded one.

Sure. If I had any doubts at the time of ordering I would have considered this, but I didn't.

unholyangel wrote: »

Not really a grey area at all. The laws quiet clear.

In the case of goods, they can only make a reduction to a refund if:
1) Your handling goes beyond what is reasonable
2) That handling diminishes the value
3) They informed you of your rights, the conditions, time limits & procedure required by regulations 27 to 38 in accordance with part 2.

As for services....they must not begin provision of the service during the cancellation period unless you have made an express request. Even then, you can still cancel, you'd just be liable for a proportionate amount for the services that were provided during the cancellation period - again, assuming the trader complied with the necessary obligations under the CCRs.

Thanks for providing some clarity.

What I meant by "grey area" was in relation to the question of have I purchased goods or a service? In my opinion, given that you can request a sim for free, what I have purchased is surely considered a service.

It sounds like, regardless of the goods/services question I am entitled to a refund.

unholyangel

Implementing guidance

If the contract doesn't transfer ownership of the sim then it would probably be a service contract. But its a moot point imo - under a sales contract which is a mixed contract, the rules for goods apply to the goods portion and the rule for services apply to the services portion.

Particularly when you can get their sims for free with no service plan attached.

bris

Shoog wrote: »

Agree it's a grey area. The sim is of no use without the service and buying it without the service was not an option that was offered (it may be possible but it wasn't offered). No cutting involved - the sim can be snapped back into the template but hopefully not relevant.


QUOTE]
As above no grey area. You unsealed the package, popped out the relevant size that's enough to call it used. You cant pop it back in it's snapped out.


It's no their fault you didn't know the phone was locked, bite the bullet and stop wasting time for a tenner, you can sell it for a five to half you cost if it means that much to you.