Phone-Smart Refusing 14 Day Cooling Off Period

suzigzag

I'm hoping someone can help...I recently answered a cold call and ended up signing a contract to move over to Phone-Smart / Plan.com for my mobile phone. I transferred from O2. I did not require a new SIM or a new number and my phone has not changed (owned). They are claiming that the 14-day cooling off period does not apply because
1. I have stayed on the O2 network and have not changed SIM or number and
2. I was told on the phone that this would not apply - they say they have a recording of me agreeing to this but I have not yet heard it. There is no mention of any cooling off period in the contract. 
Can anyone confirm if I do have a right to 14 day cooling off period? My O2 account has closed and I am no longer a customer with them. I was told I had no choice but to activate the switch to then be allowed to cancel. 

Exodi

This is probably better suited for the Consumer Rights board rather than Mobiles.

I don't see any reason why you would not be entitled to the statutory 14 day cooling off period, I suspect they're trying it on.

It seems this company has a history of shenanigans: https://forums.moneysavingexpert.com/discussion/6455591/phone-smart-plan-com-phone-contract-scam/p1

suzigzag

Thank you - I have reposed on that forum board. And have read the other posts with a sinking heart! 

PHK

Exodi said:

This is probably better suited for the Consumer Rights board rather than Mobiles.

I don't see any reason why you would not be entitled to the statutory 14 day cooling off period, I suspect they're trying it on.

It seems this company has a history of shenanigans: https://forums.moneysavingexpert.com/discussion/6455591/phone-smart-plan-com-phone-contract-scam/p1

Just to point out that this is a business transaction, you need to confirm you are a business to go ahead. This is why they don't put a cooling off period in the terms and conditions. 
(I'm not defending the cold caller just explaining the circumstances. It might be they take advantage of a persons desire for a deal such that they don't take in what's said to them. )