Credit Agreement - Cooling Off Period

enorth

Apologies, not sure if this is the right forum but looked like the closest fit!

I took out a new phone contract with Virgin at the weekend which involved a new credit agreement for the handset.

Despite taking my address details as part of the credit agreement (and sending the settlement for my old contract to the correct address) they have sent the new handset to my old address.

I contacted them to resolve it and they said they would need to investigate the issue with the courier. I pointed out that there wasn’t anything to investigate as I could see from the courier that it had been delivered to the old address.

As they were being obstructive and unhelpful, I asked them to cancel the agreement. They refused to do this as the handset had been successfully delivered.

I can’t understand how they can refuse my request to cancel within the cooling off period on the basis that they have delivered the item to an unrelated third party.

They have logged a “case” but will not replace the item or cancel the contract until they have finished the investigation.

is there anything I can do here? This is surely in breach of the consumer rights act given I’m in the cooling off period and haven’t received any goods or services.

many thanks in advance

Sandtree

They can cancel the credit agreement but then they would be chasing you for the full amount of the debt whilst they investigate.

MEM62

Is there anything I can do here?

Yes, you can be patient and await the outcome of their investigation. 

This is surely in breach of the consumer rights act given I’m in the cooling off period and haven’t received any goods or services.

It is not a breach of anything.  It is a customer query that is under investigation.  

macman

Presumably after they have verified your account, they will despatch a replacement handset to the correct address, thereby honouring their contract with you. Whether or not they recover the first one is not really your concern.

Mendozazs

They can cancel the credit agreement, but then they will recover all of your debts during the investigation.

longjohnjohnson

Clearly cancelling the agreement requires both parties to be returned to the position they were in before the agreement was entered into.

With a loan, that would require the loan to be repaid.  With a mobile phone contract with a handset, they need the handset back.

I agree that that isn't your problem, but I think cancelling the contract was the wrong way to go about resolving this issue.