Mobile Phone contact - Can I cancel it?

keelyj

Today I purchased a Motorola V3 Razor from a T-Mobile specialist in Bluewater. Originally, I was with O2 and on calling them to cancel my contract, they offered me the same deal as T-Mobile had offered, but the line rental was £5.00 cheaper and they chucked in 100 free text messages, plus the phone is free, whereas with T-Mobile, I paid £10.00.

The guy I spoke to at O2 said that I was entitled to cancel this deal with T-Mobile because I am allowed a 7 day cooling off period. The problem is that I have already used the phone. It is still in perfect condition, but I'm worried that I won't be able to take it back. I went to the T-Mobile site and it says "If you purchased the equipment as a consumer, you have the right to cancel this contract under The Consumer Protection (Distance Selling) Regulations 2000." I looked at these regulations and this seems to relate to sales that are made over the internet or on the phone, i.e. not face to face. I am therefore wondering if I have any rights.

matrix999

Normally with Mobile Phone companies you are allowed a 14 day return policy no matter where you purchased the phone.

02 are by far a better network than T-Mobile - Stick with them!!!

MissG_2

Hi Keely,

I am sure the consumer credit act allows a 14 day cooling off period for signed credit agreements either in store or over the phone, the 7 day rule may be applicable to upgrades with T-Mobile.

I would cease use of the phone now and return to the retailer advising you wish to return the goods. You should have a copy of the terms and conditions which you have signed and your return period should be stated there.

If you are posed with any probs contact your local trading standards, but to be honest most retailers would not have a problems taking this back expecially if they are an actual network store.

You may have a little bit of an arguent if they are a small independant, but for confirmation your local trading standards will be able to confirm. If you do decide to cancel i would advise you obtain a receipt to confirm cancellation.

Regards

Kelly

fatboyonadiet

You will have to pay for your calls but it won't be much and will be much less then what you'll be saving. Wouldn't worry too much, just sort it out soon though.

jf2404

As fatboy said, you can return it no problem, you will be charged for the calls you made and line rental for however long you have it before you cancel (yes they will change you for even a days lin rental).

Usually it is 14 days to return, (vodafone is anyway).

keelyj

The problem is that T-Mobile themselves are saying that it's nothing to do with them because I purchased the phone/contract from a retailer rather than through them over the phone or internet. But when I phoned the shop I bought the phone from, they tell me that I have to go through T-Mobile. I phoned the Office of Fair Trading and they said that not all contracts have a cooling-off period. On the T-Mobile site, it says "If you purchased the equipment as a consumer, you have the right to cancel this contract under The Consumer Protection (Distance Selling) Regulations 2000" so I don't understand why they themselves won't let me cancel it because I am a consumer. It doesn't mention anything about if you bought it from a retailer, there being a different process. I'm confused and what isn't helping is the fact that the people at T-Mobile don't know what they're talking about and neither do the people in the T-Mobile shop!

jf2404

The best thing to do is go back to the store where you got it and ask if you can return it, if they say call T-mobile then stay in the shop and call them from there, then if they say goto the store you are there and you can pass the phone to the assistant and they can sort it out.

All the contracts i have dealt with have had a return's ithin 14 days procedure.

Do the above and see what happens, they can't keep fobbing you off if you are there in store ready to sort it out.

And don't leave until either the people in store are doing something or the people on the phone are doing something.

good luck.

jf2404

Here is t-mobile T&C in their .com site (non UK)
Section 5 states you can return it within 14 days

http://www.t-mobile.com/info/legal/terms_cond.asp

I don't see why UK customers would be any different.

fatboyonadiet

Seems like they're fobbing you off or trying to delay it past the 14 days, get down the store as jf2404 suggests, has happened to people I know before too.