Distance Selling Regs & Putting in your SIM

Nutterfly

Hi,

Does anyone know for certain, if putting a SIM card into a phone and turning the phone on would mean the distance selling regs don't apply?

I've upgraded my phone, via the phone with 3. I decided that I didn't like it, so I'd like to pay £60 more for an LG.

When I upgraded, at the end of the conversation there was a recorded message stating that if I wanted to return the phone I mustn't put in my SIM card on turn the phone on.

So I looked up the distance selling regs, and they say that a company can make stipulations concerning "reasonable care" but these can't infringe on my reasonable opportunity to examine the product - so you'd assume you'd reasonable need to turn on a phone to examine it?

Anyway, basically, the regs state that companies can't demend goods are returned as new or in the original packing except for certain exceptions (fresh food etc etc).

When I spoke to 3, they said that I can examine phones without turning them on, by going to the three store & examining the ones there. But I can't upgrade in the three store and I wasn't told this when I first rang up to see what my upgrade options were. The call centre also said they were aware what they were doing was against UK legislation. What are you meant to do?!

bagand96

That seams very harsh on the part of three! I have just upgraded with O2 over the phone and was told that I have 14 days from receiving my handset to change my mind, and if I wanted to just call them and they'll organise a different handset for me! (then again I've always rated O2 whenever i've had to deal with CS).

Not sure about distance selling regs, BUT, if you've upgraded, I assume your contract had finished. By taking the upgrade you will have agreed to a new contract period. I am sure that when taking a contract you legally have a cooling off period. You should be entitled to cancel your contract. They'll soon have the phone back off you then! Obviously this may leave you with no phone contract so you will have to find a new one (but with 3's attitude like this, that might not be a bad thing?).

Then again, calling them and telling them they you want to leave may spur them into being a bit more customer orientated and willing to help you?

Nutterfly

In my experience, Three are basically evil. The thing that upsets me most about the whole thing is that I should know better. I have an LG U880, in Nov 2006 a small crack developed in the hinge (not through any mistreatment on my part!), so I asked them to upgrade. They said "£120 please" and I gave them my Mum's credit card details.

They sent me a pink phone, I wanted black, only new customers could get black, upgraders could only get pink, so I sent the pink phone back and they replaced it with a silver U890 but I didn't like the keypad so I sent that back. No idea if I put the sim in then, but there was no pre-recorded warning about it when I did it on the phone. Anyway, the upgrade charge of £120 went on my bill (despite it being taken from my Mum's card), this was taken off by a payment from my Mum's card and when I said I didn't want it they put another £120 on my bill which was wrong. 5th of December they told me I wouldn't have to pay it, and that I could cancel the DD but the bill would be sorted. On the 20th they took money from my bank, and it took me until April to actually get a satisfactory response from them. (I had signed up to a new contract as new customer and that was cheaper than the £120 upgrade fee).

So yeah. More fool me - because my replacement U880 has developed the exact same crack. I just need to know the legislation about DSRs and putting a SIM into a phone. The call centre said that "This is 3 law" in response to make commenting that something was UK law. *rolls eyes*

oops... ranting post :S

bagand96

Ok.... why the hell do you still want to conduct business with three? If you're contract is up get the hell out, plenty of offers around on the other networks, three aren't half as competitive as they used to be!

Nutterfly

I *know* I can't believe I was so stupid. When I heard their pre-recorded disclaimer on the phone I *knew* I'd be in for trouble, I looked up the DSRs before I even got the phone!

I'll just have to hope Glasgow are semi-reasonable.

(Contract isn't up until May either, so that's why I haven't really looked at other networks - don't think my phone will last before it snaps in half!!!)

alnsv1000s

When 3 upgrade you early being the very NICE people that they are the new contract starts from the day your original contract ends.
So if you get an upgrade you actually are tied in for 21 months.


3

Nutterfly

alnsv1000s, thank you for the reply. I understand when my upgrade contract will start and finish.

I see from your post history that you deal in mobile phones - in one post you've stated that all 3 phones come with a note in the box about putting the sim in affecting the returns. I don't have that - I've looked through everything. Could you confirm if this is *inside* the actual phone box?

I've also seen you post the link to the OFT DSR guidance - how does paragraph 3.38 apply in your mind?

Thanks.

GunJack

nutterfly - you do suprise me....I've had a nice black U880 for 2.5 years now and it is bloody brilliant - certainly no cracked hinges !! What were you doing to them??? btw, I agree about the U890, didn't go for one on a later ctt because of the nasty keypad.

Nutterfly

GunJack wrote: »

nutterfly - you do suprise me....I've had a nice black U880 for 2.5 years now and it is bloody brilliant - certainly no cracked hinges !! What were you doing to them??? btw, I agree about the U890, didn't go for one on a later ctt because of the nasty keypad.

I returned a Motorola Razr because they have that keypad - hurts my thumb!!

I *LOVE* my U880 - that's why I ended up running two contracts together so that I could get a new one (worked out cheaper than eBay and the 3 upgrade option).

I'd had the original one for about a year when the crack happened - at the time I thought I'd closed the phone onto the charger wire and that I'd forced the crack. This second one I've had for 15 months. I'd used the phone in the evening, the crack makes the top half feel "loose" so you'd notice it straight away, when I next went to use it, it felt loose and the crack was there!

I'm honestly not the sort of person that throws phones at walls, I *have* dropped it but only a couple of times. When it happened again I had a look online and found someone else with a crack in theirs, claiming they'd seen two others like it. Maybe it's just not meant to be!

This was why I didn't go for the upgrade Viewty straight away - I love LG, but I've seen 4 (not all mine!!) break in different ways.