02 mobile/14 days...

Son_Of_Meerkat

Hello, sonlong story short joined 02, service was beyond shocking so I requested a PAC and ported back out.
Contract started 30/4
Pac requested 10/5
Well within 14 days...

Have 30 days to use the pac but obviously I did it ASAP and they are trying to say I'm liable for the full contract.
.. and that you can terminate within 14 days (I couldn't lose the number) 
But CAN'T cancel within 14 days (umm...)

Phone was brought via AO/Mobile phones direct and ported to 02 on the 7/5

So my question is what's next, because they keep hanging up on me despite my best efforts to talk to an American. I can only reach them on 1 number, the others instantly hang up, which I'm told is definitely wrong.

1 lady said the correct people can credit the account to zero so I can return it. But atm they won't accept the return. Won't null anything, won't even stay on the line overly long and I'm yet to experience any of the now, 9 people I have spoken too actually leave any notes like they said they did.

Can't help but feel like they are trying to stiff me. 
Thanks in advance for any helpful replies

Aylesbury_Duck

Son_Of_Meerkat said:

Hello, sonlong story short joined 02, service was beyond shocking so I requested a PAC and ported back out.
Contract started 30/4
Pac requested 10/5
Well within 14 days...

Have 30 days to use the pac but obviously I did it ASAP and they are trying to say I'm liable for the full contract.
.. and that you can terminate within 14 days (I couldn't lose the number) 
But CAN'T cancel within 14 days (umm...)

Phone was brought via AO/Mobile phones direct and ported to 02 on the 7/5

So my question is what's next, because they keep hanging up on me despite my best efforts to talk to an American. I can only reach them on 1 number, the others instantly hang up, which I'm told is definitely wrong.

1 lady said the correct people can credit the account to zero so I can return it. But atm they won't accept the return. Won't null anything, won't even stay on the line overly long and I'm yet to experience any of the now, 9 people I have spoken too actually leave any notes like they said they did.

Can't help but feel like they are trying to stiff me. 
Thanks in advance for any helpful replies

Are you in the US?  

If you're in the UK, then is it a case of the 14 days cooling off not applying any more because you used the service in that period?

savergrant

What is the 14 day period to which you refer? And what reasons are they giving you for it not applying?
I am a bit confused. You say you requested a pac on 10th May, but also say ported TO o2 on 7th May. When did you port AWAY from o2?
It might help to understand what you mean by 'beyond shocking'  and whether you had problems before porting in or just after.

Son_Of_Meerkat

Distance selling regulations, it was brought online so I have a 14 day cooling off period.
I confirmed all this on sign up with them that if I was unhappy I could return the phone and cancel, all good. 
Now apparently that's wrong... 

And I am unfortunately based in the UK.

I ported back out on the 20th, (soonest available) but as I was advised by 4 of their customer service people the pac code is valid for 30 days, as long as you request it within 14, that is notice of cancellation.

powerful_Rogue

Son_Of_Meerkat said:

Distance selling regulations, it was brought online so I have a 14 day cooling off period.
I confirmed all this on sign up with them that if I was unhappy I could return the phone and cancel, all good. 
Now apparently that's wrong... 

And I am unfortunately based in the UK.

I ported back out on the 20th, (soonest available) but as I was advised by 4 of their customer service people the pac code is valid for 30 days, as long as you request it within 14, that is notice of cancellation.

Distance selling regulations have been replaced with the Consumer Contracts  Regulations.

I think the issue here which has made it very muddy is porting your number in and then out again.

Why unfortunately? We have some of the best consumer rights legislation in the world.

Aylesbury_Duck

Son_Of_Meerkat said:

Distance selling regulations, it was brought online so I have a 14 day cooling off period.
I confirmed all this on sign up with them that if I was unhappy I could return the phone and cancel, all good. 
Now apparently that's wrong... 

And I am unfortunately based in the UK.

I ported back out on the 20th, (soonest available) but as I was advised by 4 of their customer service people the pac code is valid for 30 days, as long as you request it within 14, that is notice of cancellation.

Not necessarily.  What used to be the distance selling regulations don't exist any more, but there's a similar provision in the consumer rights act.  However, it's designed to permit you to try a product (in this case, the phone) at home to the extent you could in a shop.  It's not there to cover you buying and using a phone service for up to 14 days and then to change your mind.  That's probably why they're saying you can't cancel, because you agreed to start the service before the 14 days had elapsed.

savergrant

As I understand it you bought a phone and signed up to a monthly plan. The phone is a good, the plan is a service. If you wish to return the phone I believe you have until the 14th day after receiving it to despatch it. As regards to the monthly plan I am not sure you have a statutory right to cancel so was there anything in their t&c's to communicate an evaluation or cooling off period? If so I suspect you would need to have communicated your wish to terminate the service before the end of the 14th day. Obtaining a pac and then holding onto it for up to 30 days clearly isn't what was intended in the consumer protection. Porting your number in before you were satisfied that you accepted the service was a mistake, unless of course the service problems only began to occur after you ported in? Have you returned the phone and what are you being charged for?

savergrant

"I ported back out on the 20th, (soonest available) but as I was advised by 4 of their customer service people the pac code is valid for 30 days, as long as you request it within 14, that is notice of cancellation."

A pac is not a notice of cancellation, it is merely a tool to move a number to a different provider. When a port completes the old service is terminated, but requesting a pac will not cause a service to terminate. Nor does it give an indication that you are exercising a right to reject. You say the contract started on 30/4 and you ported out on 20/5 so you are well beyond any 14 day period. You may have a case if you can prove you returned the sim with the phone before 14th. Sadly I suspect you didn't. And that would only be if there is such a 14 day cooling off period.

savergrant

"it was brought online so I have a 14 day cooling off period.
I confirmed all this on sign up with them that if I was unhappy I could return the phone and cancel, all good."

Who is them? Who did you buy it from and who is the contract with? You say  " Phone was brought via AO/Mobile phones direct" whatever that means, is that a courier service?
Who told you that you could cancel within 14 days and how were you to communicate this?

powerful_Rogue

16.1 If you have returned a product supplied and connected to a Network pay monthly contract service, we will upon receipt of the returned handset (within the period specified in our return policy), arrange for the network to disconnect the airtime service. You will be charged for any calls that were made whilst the phone or device was in your possession, plus a proportionate line rental charge for the period between the time of connection and disconnection. These charges will be taken by direct debit directly by the Network Operator.

https://www.mobilephonesdirect.co.uk/information/terms

You went the wrong way about cancelling.

savergrant

powerful_Rogue said:

16.1 If you have returned a product supplied and connected to a Network pay monthly contract service, we will upon receipt of the returned handset (within the period specified in our return policy), arrange for the network to disconnect the airtime service. You will be charged for any calls that were made whilst the phone or device was in your possession, plus a proportionate line rental charge for the period between the time of connection and disconnection. These charges will be taken by direct debit directly by the Network Operator.

https://www.mobilephonesdirect.co.uk/information/terms

You went the wrong way about cancelling.

The question for me is when did the op return the handset? If it was returned within the period specified then the retailer should arrange the cancellation with the network.