Returning mobile to CPW under distance selling

HClayton

Hi,
I have just received a Nokia 6111 from Carphone Warehouse. There are a number of problems with the phone - keeps cutting out when I'm using it and it keeps saying the SIM card is rejected intermittently. All in all I am also not impressed with the phone and do not like the handset particularly.

I telephoned and CPW say I can return the phone for an exchange but because I have used the SIM and the phone then I do not qualify under the 7 day distance selling regulations and I can't cancel my contract.

I would really like to cancel and shop around for something else - is there any way out of this or have they got me for 12mths with a phone I don't like??

Thanks
Helen

banger9365

ring consumer direct i have found them good in the past http://www.consumerdirect.gov.uk/

nickmack

HClayton wrote: »

I have just received a Nokia 6111 from Carphone Warehouse. There are a number of problems with the phone - keeps cutting out when I'm using it and it keeps saying the SIM card is rejected intermittently. All in all I am also not impressed with the phone and do not like the handset particularly.

I telephoned and CPW say I can return the phone for an exchange but because I have used the SIM and the phone then I do not qualify under the 7 day distance selling regulations and I can't cancel my contract.

I would really like to cancel and shop around for something else - is there any way out of this or have they got me for 12mths with a phone I don't like??

There are two seperate issues here.

The first is the problems with the phone. You should contact the provider and they will instruct you on the repair/replacement procedure.

The other problem is you don't like the phone. This would be covered by the distance selling regulations if the phone was sold over the phone.
However, I believe if you have opened the SIM package and registered it in the phone, you are deemed to have accepted the contract and this legislation no longer applies.