Cancelling mobile phone contract

[Messer]

Sorry for the fairly dull topic and apologies if its not in the right section but here goes..

My sister has a phone on 3 network which was just about to expire and she wanted to cancel as the network/phone/signal is crap (not to mention their customer service, but thats another story).

When she called, the customer service agent was able to sell her another 18 month contract on the basis that the signal quality was down to a crappy old phone that she had and the new one would rectify that problem

She received the phone today, put her sim in it and surprise surprise its still a bag o shte..

So she calls to cancel (as they told her she had 14 days to change her mind) and they are having none of it because the phone has been switched on and is now 'used and personalised'.

Now, i thought that as she did it in her hone over the phone she is protected by the distance selling act 2000. Anyone know where we stand legally on this?

Cheers for help! :-)

[falcemob]

I think you are covered by the distance selling laws but suggest she doesn't use the phone again. The 3 call centre people will argue black is white and are a bunch of lying fks. They tried to stitch me up with my mobile broadband by charging me £15pm when they quoted £7.50 on the phone.

I think you need to put things in writing rather than dealing with the call centre and be prepared for a fight. BTW the reception is shyte no matter what phone you have.

[AAT1981]

Messer said:

Sorry for the fairly dull topic and apologies if its not in the right section but here goes..

My sister has a phone on 3 network which was just about to expire and she wanted to cancel as the network/phone/signal is crap (not to mention their customer service, but thats another story).

When she called, the customer service agent was able to sell her another 18 month contract on the basis that the signal quality was down to a crappy old phone that she had and the new one would rectify that problem

She received the phone today, put her sim in it and surprise surprise its still a bag o shte..

So she calls to cancel (as they told her she had 14 days to change her mind) and they are having none of it because the phone has been switched on and is now 'used and personalised'.

Now, i thought that as she did it in her hone over the phone she is protected by the distance selling act 2000. Anyone know where we stand legally on this?

Cheers for help! :-)

I would phone them and state that you were told by the agent that the new phone would solve your problem of signal and quality, you were mis sold the new phone and are such rejecting the phone and new contract under the 14 day guarantee. Put it in writing to them and make sure you send it RECORDED DELIVERY so you have proof you sent it.

Samr thing happened with Vodafone a few weeks ago with me, they took the phone back after this.

[falcemob]

It may even pay to go into one of the 3 shops, at least you might be able to talk to someone who speaks English.

[edb49]

This is nothing to do with DSR surely - it is Sale of Goods. Write them a letter, cancel the DD, and let them worry about sorting it.

[CHIEF]

This happened to my mate. he cancelled it and said they are in breach of contract as they are not providing the service they are promosing. they keep ringing him saying to pay the bill or they will take legal action he tells them every time 'fine take me to court' they keep ringing him though.

pathetic

[owain]

my dad renewed his vodafone contract + got a new phone from the shop
Took it home, didn't get on with it - took it back and cancelled the upgrade/contract and got an iPhone on o2 instead
Would def try and speak to someone more senior, or take it back to the shop