mobile phone contract cooling off period help

Found 8th Mar 2011
just wandering if anyone can give me some advice on a mobile phone contract?
basically my dad has had a contract with carphone warehouse on the 3 network. he has had it for over 5 years.

they have just sent im a new phone through and i couldnt believe they were charging him £20 a month for it so told him to phone them and cancel it or get them to reduce the cost.
the new phone they sent him is only a sony ericcson cedar and i thought £20 a month for it was very steep!
all he uses his phone for is calls. no texts or internet at all.

he got a phone call from them last week (on the 2nd march) and they said he was at the end of his current contract and they would send him the new phone (cedar) and this would be for another 24 months at £20.

my dad just went along with this as he doesnt know the cost of mobiles ect and is a bit of a pushover.

when the phone came today and i saw it was a cedar at £20 a month i told them to phone up and cancel it.
when he phoned them, they said that he verbally agreed to the contract over the phone on the 2nd march so he is stuck with it for the next 24 months. they wouldnt even budge on the £20 a month cost.

is there anyway to get out of this? and is there not a cooling off period of 7 days on a verbal contract??

i asked them this myself and they said there wasnt a cooling off period. and then they said it wasnt a new contract, it was an upgrade, so a cooling off period didnt apply anyway.

any help would be really appreciated.

16 Comments

Moved to misc from feedback

Original Poster

thanks for moving to right forum

I believe 7 Days cooling off period applies to ANY long distance selling... so YES he should be able to return it within 7 days.

oft.gov.uk/abo…ns/

Also... the whole point of the Distance Selling Regulations is to protect the consumer, as you were unable to physically check the item yourself. So it doesn't matter whether it was an upgrade or a phone order.

Been on google and am reading conflicting information... Can anyone clarify?
Edited by: "krazie2004" 8th Mar 2011

14 days for any consumer credit app

Three tried to scam me with a Cedar too, albeit under different circumstances. It seems the salesperson's current favourite phone, and it becomes pretty obvious to see why when you consider that the phones sell PAYG for something in the order of £40, making that call contract worth some £440 over the course of two years. By contrast btw, I'm paying £162 over the course of two years for my 500 minutes/txt and 500MB contract, and that's as a new customer.

I've googled it and as you say there is a lot of conflicting advice. As far as I can see, you would be entitled to cancel within 7 days under the DSR except for the following clause:

You cannot cancel if....
"The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel".

I used to be on three and seem to remember the sealed bag that the phone came in had labels over it warning you not to break the seal or you would lose your right to cancel.

I notice on moneysavingexpert, someone else is saying that because it is a contract renewal and not a new contract, the DSR don't apply. That could be another getout clause for three.

Original Poster

just had a nightmare on the phone to them!

i phoned carphone warehousewho said the phone wasnt sent out by them and told me to contact 3 themwselves.
then i phoned 3 who said the phone wasnt sent directly from them so they transfered me to another 'upgrades team' number who i spoke to before.

they again said there was no cooling off period. i was arguing with them for ages about the distance selling of goods act and they just kept saying that there wasnt a cooling off period and i would have to write to a complaints address.

the 'upgrade team' was a nightmare to deal with. they wouldnt even tell me who they were! they said they werent carephone warehouse or 3 network, but a 'third party' who acted for them.
i kept asking the name of the company i was speaking to and they just kept repeating ' we are the upgrades team'!
eventually they said they were 'the number network'.

they just kept saying there was nothing we could do to get out of the contract and the 7 day cooling off period wasnt there policy. i kept saying it was the law but it was like banging my head against a brick wall!
they just keep saying there is nothing they can do and i have to write to a complaints address.

Original Poster

Lowtrawler

I've googled it and as you say there is a lot of conflicting advice. As … I've googled it and as you say there is a lot of conflicting advice. As far as I can see, you would be entitled to cancel within 7 days under the DSR except for the following clause:You cannot cancel if...."The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel".I used to be on three and seem to remember the sealed bag that the phone came in had labels over it warning you not to break the seal or you would lose your right to cancel.I notice on moneysavingexpert, someone else is saying that because it is a contract renewal and not a new contract, the DSR don't apply. That could be another getout clause for three.


thats what they said to me when i first phoned them- that the contract was an upgrade, not a new one so the cooling off period didnt apply.
but i thought as all this was done over the phone he would still be entitled to a 7 day cooling off period?

Original Poster

this could have all been avoided if my dad wasnt so gullable!
he doesnt realise everyone is out for scamming you these days! and once you sign agree to a contract, they are very hard to get out of!

andytr

just had a nightmare on the phone to them!i phoned carphone warehousewho … just had a nightmare on the phone to them!i phoned carphone warehousewho said the phone wasnt sent out by them and told me to contact 3 themwselves.then i phoned 3 who said the phone wasnt sent directly from them so they transfered me to another 'upgrades team' number who i spoke to before.they again said there was no cooling off period. i was arguing with them for ages about the distance selling of goods act and they just kept saying that there wasnt a cooling off period and i would have to write to a complaints address.the 'upgrade team' was a nightmare to deal with. they wouldnt even tell me who they were! they said they werent carephone warehouse or 3 network, but a 'third party' who acted for them.i kept asking the name of the company i was speaking to and they just kept repeating ' we are the upgrades team'!eventually they said they were 'the number network'.they just kept saying there was nothing we could do to get out of the contract and the 7 day cooling off period wasnt there policy. i kept saying it was the law but it was like banging my head against a brick wall!they just keep saying there is nothing they can do and i have to write to a complaints address.



Of course there isn't - not to them, anyway. You're speaking to the sales team, and not one of them will ever undo a sale, not even under threat of legal action, not even when they're bound 100% to lose. You need to go through to 3's Cancellations line, and make your case very clear. Speak to management if they won't budge.

Original Poster

dxx

Three tried to scam me with a Cedar too, albeit under different … Three tried to scam me with a Cedar too, albeit under different circumstances. It seems the salesperson's current favourite phone, and it becomes pretty obvious to see why when you consider that the phones sell PAYG for something in the order of £40, making that call contract worth some £440 over the course of two years. By contrast btw, I'm paying £162 over the course of two years for my 500 minutes/txt and 500MB contract, and that's as a new customer.

how did you get out of this?

dcx_badass

I pay £8.33 (£100 a year), for my 900 mins, unlimited texts, unlimited d … I pay £8.33 (£100 a year), for my 900 mins, unlimited texts, unlimited data. Got an O2 12 month simplicity with £200 cashback.



who cares?

op, dont take any crap

i see it all the time with these 3rd party sale companies pretenting to be "bt" or "your network" they've mislead your dad thinking it was cpw- this is deception.

just return the damn thing using special delivery wait a few days and call cpw to close the account- only talk to the customer services dealing with complaints do not speak to upgrade team

a lot of dirty tactics used here especially with the "write a complaints" bull.... it could take months for them to reply thats if they reply! by which your rights will be negated

Original Poster

thanks for the comments.

i have finally got it sorted after 2 days of being fobbed off!
it was actually 3 that were messing me about, not carphone warehouse.

basically my dads contract was with 3. when i phones them to cancel the upgrade, they said the phone was supplied by a third party/partner called' the number warehouse' and would have to sort it out with them.

they (3) tried to transfer me to their upgrades team (the number warehouse)who i spoke to yesterday, but i wasnt having it and told them the contract was with theirselves, not the people who supplied the handset.

after a lot of messing about, the upgrades team came on the phone and agreed to cancel the contract. just sent the phone back now.

once everything is okay i will be sorting him out a much better deal- he was being charged £20 a month on a basic phone. he doesnt use any texts or internet- he only uses about 50 talk time mins a month!!

beware 3 upgrades!! they can be a complete rippoff!
and if they mention the number warehouse they are taking the p)ss cos that is just their ugrades team!


Edited by: "andytr" 9th Mar 2011

Glad you sorted it in the end.
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