Onecom

Bit lost with this
Why are onecom able to issue a contract with no cooling off period. This was only said when they were doing the recorded bit why are they exempt from the normal 14 day cooling off period. This was for a mobile phone contract 


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Comments

  • knoxycube
    knoxycube Posts: 10 Forumite
    edited 28 August 2013 at 1:00PM
    Hi, I was wondering if anyone can help me regarding a phone call I got last Thursday the 22nd of August on my mobile from a company saying because I am a VIP customer that there was an offer for a free laptop and dongle and what I believed would be added to my existing vodafone mobile contract and would be £52.00. Now I had been to hospital the day before to get a scan to find out I had miscarried my baby. The week before that my gran had died and I was not really in the right frame of mind to be agreeing to anything. Now when I received this laptop and dongle on Monday 26th August I opened it up to find I had a Vodafone sim card in this too and then it clicked I would be paying £52.00 on top of my Vodafone contract which is £37.00 and I certainly can not afford this. I phoned up Onecom on Tuesday 27th August to ask if I could return this to be told no there is no return policy and I couldn't cancel this, obviously I was very upset by this and told them that I had a miscarriage that week and I wasn't really in the right frame of mind and they told me that I have to get a letter from my Doctor to cancel this. I then phoned back to tell them that I had been told that there was 30 days to return this to which they said there is no return policy but they would check the phone recording and phone me back. As no one called me back yesterday to tell me this I called back today 28th August to be told that the 30 days was after the 36 month contract was finished you give 30 days notice. I told them I want to speak to a manager and they just said that they will tell me the same thing to which I replied I want to speak to a manager today, they have said that a manager will phone me back today but I am so worried we are going to be left with this. My partner has went onto the ombusman service and I am wondering if I use the term distance selling regulation if this will help me in my plight??


    Update

    I called again quoting the Distance Selling Regulation and again they have said I cannot send this back, a manager is supposed to be phoning me back but doesn't look like i am going to get out of this.
  • grumbler
    grumbler Posts: 58,590
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    Forumite
    knoxycube wrote: »
    I phoned up Onecom on Tuesday 27th August to ask if I could return this to be told no there is no return policy and I couldn't cancel this,
    Why? It was a distance selling and you had the right to cancel.
    I am wondering if I use the term distance selling regulation if this will help me in my plight??
    I don't see any reasons why not. In fact DSR say that you have just to inform the seller about cancellation within 7 working days and don't set any timescale for actually returning the goods.
    We are born naked, wet and hungry...Then things get worse. :(

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi knoxycube,

    I’m sorry to see the problems you’ve had and I understand that this has been a very difficult time for you.

    If you’d like me to look into this, email me with your details via the link in our profile here.

    Just copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me please also quote the code WRT135 - MSE in the subject line.

    Once sent you'll receive an automated reply with a reference number. Could you update the thread with this and I'll get back to you as soon as possible?

    Thanks,

    Jenny
    Web Relations
    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Silk
    Silk Posts: 4,836
    First Anniversary
    Forumite
    knoxycube wrote: »
    Update

    I called again quoting the Distance Selling Regulation and again they have said I cannot send this back, a manager is supposed to be phoning me back but doesn't look like i am going to get out of this.
    As Grumbler says you can cancel the order up to 7 working days following delivery so you can do this till the 4th Sept.

    Send them a letter recorded with ref to the phone call wishing to cancel and ask them to arrange collection.

    Meanwhile it would also be a good idea to contact Jenny as she has requested so they are aware of the situation.
    It's not just about the money
  • Herongull
    Herongull Posts: 1,356
    First Anniversary Combo Breaker
    Forumite
    Silk and Grumbler are correct.

    The DSRs are your friend. Cancel within 7 days (in writing) and its sorted. Use recorded delivery and also send an email (cross referencing each other so that you can show the cancellation definitely got through. Get records of all correspondence and phone calls.

    See for more details:
    http://www.which.co.uk/consumer-rights/action/how-to-cancel-a-contract-without-being-penalised/

    PS Strictly speaking if they haven't given you details of your rights to cancel in written (ie durable medium), the cooling off period will be extended beyond the 7 days, but safest to cancel with 7 days in case they say the information was given somewhere in the paperwork you were sent.

    Also if they haven't told you who pays for the return postage of the items cancelled under DSRs, then they have to pay for this. Once you've cancelled, take care of the goods until they provide information on how they would like them returned (at their expense!)

    Don't use the new sim or they may argue that you agreed for the new service to start before end of the 7 cooling off period and that you agreed to waive your rights under DSRs.
  • Hi, i've been swindled by Onecom in this way. They offer u an Ipad and when u go away and think about it they will not let you cancel. They do this by setting you up as a sole trader in a business contract which falls outside of the distance selling regulations. when you talk to them they go through a long list of terms and conditions and tell you this but you do not understand the consequences. The only advantage of being a business client is for them not having to give you the cooling off period.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi laughing_gravy71,

    It's just a quick post to confirm that I've received your email and will get back to you as soon as I can.

    Kind regards,

    Lee

    Web Relations

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Just wanted to say that I sent an e mail to vodaphone and a letter cancelling my contract (downloaded from the citizens advice centre website) to OneCom. A few hours afterwards the sales rep for OneCom phoned to get my PAC code and after telling her I wanted to cancel she obviously tried to persuade me not too but eventually agreed to cancel my contract. I later received a reply to my letter (which I'd emailed to OneCom) to confirm it had been cancelled and I also received a reply from vodaphone offering to talk to me over the phone.

    So it's all sorted now and good to see that vodaphone monitor this forum and are willing to contact customers.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi laughing_gravy71,

    Thanks for updating the thread to confirm that this has been resolved for you.

    Kind regards,

    Lee

    Web Relations

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • Can someone help ? I have checked this forum and it looks a forlorn hope but I have to try.
    I received a call from "Vodafone" in November, I think around the 27th, claiming that, as a VIP customer, I was due either an iPad or laptop, in recognition of being a fantastic customer. After discussing this, I agreed to the ipad, after confirming on a number of occasions that this would entail ONLY a £30 delivery fee. I asked the gentleman 3 times to confirm that no ongoing payment was necessary. On all three occasions he replied that this was a single, one-off promotion and no monthly fee was applicable.
    When I received my Vodafone bill, I was struck that I had agreed to a 36 month contract for the iPad, shocked as I had been extremely specific as to asking whether there was an ongoing monthly agreement. After speaking to Vodafone, I was told to contact ONECOM to get this iPad returned. One contacting them, I was told that a person would get back to me to discuss this, and no one did. This happened on a few occasions.
    I have spoken this morning to a very helpful lady called Dani at their Head Office (01489 587 200) She has requested the recording of the calls and let me know what will happen. Does anyone know of anything else I can do regarding this ?

    Thanks,
    Wendy
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