What rights to cancel do you have when buying from a shop?

Sid_Harper

Unfortunately for you, it was you that went into the shop and chose something to buy. So there's no 'cooling off' period in law (only when you buy something at a distance - phone or internet, for example).

Cancelling the DD will potentially affect your credit rating and it's the wrong thing to do; your contract for paying this money is with 3 - it WILL go down in your credit records if you don't pay. I would write to 3 stating that you are a new customer, what the issues are, and see if they are willing to do something out of goodwill about the phone. Carphonewarehouse customer services might also be able to help if you write to them rather than phoning.

You do not have to use that phone - any 3G compatible handset that is unlocked or SIM-free should accept the 3 SIM. I can't stand them, but many people love Samsung phones - so you could sell it on eBay for a reasonable amount and buy something more usable.

For the vast majority of people, living with rubbish customer service is fine if you don't have to deal with them often - depends how much trouble you tend to have with your phonelines. Of course, you won't know until you have a problem. Also remember, going forward, it will be 3 you have to deal with, not CPW.

Sid_Harper

I remember when we used to own a phone dealership a good few years back that it was a real pain to administer returns and the state some phones would come back in you wouldn't know whether the network would accept it back or not - if not, you get stuck with the full cost of it (which, without the commission on the line, could be a few hundred pounds).

So it's no wonder that all this has now stopped. The networks now have good coverage for most of the country (it was iffier then with One2One and Orange), and have realised it costs them a small fortune to then dispose of 'used' phones (they cannot be resold as new).

Lots of people used to make a good living exporting these phones after buying them in bulk from the networks.

It's been a while since I've bought a new contract, but if I was going to do it today, I would go and look around in shops - have a play if someone has an open one available - but then definitely order on-line or on the phone after I've checked out reviews on the web. Not only are the distance selling regs on your side, but you will probably get a better deal. Sadly, as with many things, the high-street mobile dealers' days are numbered. I think also that with people being more savvy, even cashback deals will start to diminish - it's evidenced in the fact that so many cashback firms are going bust - simply because too many people are diarising when to claim, etc. and the number of failed cashbacks is going down.

Old_Gold

chi-chi wrote: »

I took out a contract with 3 via Carphone Warehouse last week. Seemed like a great deal, very cheap, free Samsung Ted Baker phone which looked nice and posh. It's a terrible phone. Horrible. Very difficult to use, makes hideous noises , only a limited selection of nearly identical vile ringtones and judging by the terminology on the screen, appears to have been designed by some geek who thought they were on the Starship Enterprise. Even a techie whizz friend of mine spent ages muttering and stabbing buttons on it before putting it back in the box, looking dazed.

Customer services informed me that it would take a week (at least) for my old number to be transferred. I'm self-employed so to be uncontactable for a week is out of the question. (The assistant in the shop had said it "might be a couple of days"). Couldn't understand a word the woman at customer services was saying on the phone. Terrible English, terrible line. She had to repeat everything at least once.

Furthermore, I did not realise that Carphone Warehouse and Talk Talk were the same people. I have dealt with both technical support and customer services at Talk Talk, on a number of occasions, on behalf of my mother who has broadband with them. The experiences were unbelievably frustrating, leaving me boiling mad everytime so I vowed I would never, ever have any dealings with this company. Ever.

Then I read the discussion on here about users' experiences with 3, groaned a lot
and decided they could have their phone back and I would cancel my contract. Took the phone back to the shop. Unbelievably, there is no cooling off period! They refused to take the phone back, said I'd have to call customer services but they were adamant there was no get out.

Can they do this? It was not pointed out at the time that there was no cooling off period. What if I simply cancel the direct debit and leave the phone in the shop? Will that then go as a defaulted payment and affect my credit rating? Am I really married to this monsterous phone and moronic customer services for the next 18months?

If anyone could suggest anything helpful, I'd be grateful,

Thanks

Stephanie

A few issues here. First of all the phone itself. Is it of merchantable quality? If it does not fit the purpose then you should have a claim against the retailer. It is a debatable issue but if it is that bad then worth pursuing. It is up to you how far you want to take it but writing to Trading Standards should be top of your list.
As for the transferring the number although it might take a week the actual transfer should only take a short time. The number should continue on your old phone until the transfer. CPW should have explained this at the time if you would have asked them. However I would write to CPW and 3 to give them a chance to help with your issue. It probably will not amount to much but at least you will have shown a willingness to remedy the issue within the contract.
i agree with Sid that you could be making a rod for your back if you cancel the DD.
Yes and as far as customer service goes again I agree with Sid they are fine if you have no problem but if you do expect a bumpy ride.

Old_Gold

Sid_Harper wrote: »

It's been a while since I've bought a new contract, but if I was going to do it today, I would go and look around in shops - have a play if someone has an open one available - but then definitely order on-line or on the phone after



Sadly, as with many things, the high-street mobile dealers' days are numbered..

So Sid where are we going to go then to see these phones?;)

Sid_Harper

Quite. I think that manufacturers will need to start opening stores/service locations like they have in other countries - the only Nokia store I know about (which I think is CPW operated) is in Regent St.

illuminate

...if it upsets people then so be it.....

But the naivity and (lets say) cheek of some of the posters on this thread is staggering.

Two basic facts when buying from ANY high street shop....

you have no right to return the product unless you can prove ...

a- it is not fit for purpose.
or
b- you were deliberately mis-sold

Once you've bought something ...... you've bought it.

This forum is not about robbing retailers..... its about ensuring they don't rob us.

Learn your rights.....Research your purchases

I don't mind people asking daft questions.... we all need to from time to time. But once people have been told the facts why can't they hold their hands up and say....

"whoops..... I messed up"

Mind you..... The other way to look at it is that while there are millions out their gleefully flashing their debit/debit cards about without a second thought (and often getting legally robbed blind in the process) then that gives the better informed consumer more chance to grab a bargain.

Petlamb

to reitterate:

In any store there is NO cooling off period with Orange. There was, once upon a time, "14 day money back" but this ceased some time last year, so has not been in effect for quite some time.

The only time you have any kind of cooling off is the 7 day returns for mail order under distance selling regs.

Tbh, the shop will say it's up to the cust to read the contract terms.

If you call and say poor signal has prompted you to wish to cancel, they will check the signal in the area and if it's fine, they'll be able to see. Also, i'm presuming you've used the handset, no? Which would also go against any claim of poor reception (which would have to be to a degree which would render the phone useless to enable any contract get-out).

TBH, It's really not a 'consumer rights' issue like you have suggested... I hate to say it but if you dont read the small print, you dont have much comeback sadly.

0writer, that is not the case and is completely incorrect. Unless it is mail order, Orange absolutely do not have any cooling off.