Posted 22 April 2024

O2 not received my phone return

I requested a return of my phone contract under 14 day warranty and they provided me a return QR Code. Everything went well until the day after returning the phone it says item retention on the RM website.

Now I understand that a retention can only be requested by the receiver but it has been 11 days and still has not been returned back to o2.

I’m now starting to be billed for the contract and they are telling me I need to contact RM? But since they provided the return method I believe the onus is on them?
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  1. AndyRoyd's avatar
    return of my phone contract under 14 day warranty

    Let's assume "warranty" is in that phrase actually means "cancellation", so:
    bypass all that nonsense about
    I did / did not employ the courier
    and simply do two things no later than the 15th calendar day after you took the products to the post office:

    1) show o2 the evidence of you having passed the rubbish product to its courier max 14 days earlier
    and
    2) demand o2 provides proof of its exemption to S34 (4) and (5) (b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

    Observation:
    o2 does not have any such exemption, so is obligated to comply with the legislation,
    and although there is an obvious similarity:
    it is highly unlikely o2 will suggest you put used bog roll in the return package rather than an o2 phone.

    The salient text of S34 (4) and (5) (b) of of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 states:
    (4) Reimbursement must be without undue delay,
    and in any event not later than...the end of 14 days after...
    (5) (b) ... the day on which the consumer supplies evidence of having sent the goods back.
    legislation.gov.uk/uks…ade
    where "reimbursement" in this instance is any upfront handset payment plus any subsequent recurring monthly fee, less usage costs or IAW pre-agreed usage fee arrangement.
  2. smith2001uk's avatar
    You are correct. Under the consumer rights act 2015. They have made the contract with the delivery company and it's on them to sort. Not you. You have proof it was handed over and I hope a receipt that shows the weight?
    Isaac_McCafferty's avatar
    Author
    Yeah two phones sent back two tracking links, within 2g of eachother!
  3. AndyRoyd's avatar
    did you take the product to PO / RM pickup point or did RM come to you?
    Isaac_McCafferty's avatar
    Author
    I took it to PO and received a receipt
  4. AndyRoyd's avatar
    Today at 02 May it must now be well beyond the maximum 14 days permitted to refund,
    so has your refund been processed?
    Isaac_McCafferty's avatar
    Author
    No and I’m also being billed for the SIM as they cannot disconnect the SIM without the phones being returned
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