Phones 4 U Please Help

[petehinch]

Please Help

I have been having problems with phones 4 U. I have been on a 25 pound a month contract with T-mobile through phones 4 U and at the end of June T-Mobile rang me to ask if I would still be staying with a contact phone at the end of my contact. I told them that I was thinking about going with a pay as you go service. However they talked me into changing my contact over to Voda phone because it would be a better service which would allow me international roaming and I would also be able to keep my current number and the new contact would be for the same monthly amount. I have since would out that I would have to pay for both contacts (T-mobile and Voda phone) until September when my T-mobile one ends and I would only be able to use my old number when I paid 53.99p and would have to wait until September 23rd.

I am not happy with the service, so I therefore tried to return the phone. The local P4U store said this wouldn’t be a problem as I was within my 14 cancellation period (I had the phone for 10 days at this point). However, the store rang their call centre and they said I couldn’t as I was over my 7 day cancellation period. It was never stated within my initial conversation with P4U the length of the cancellation period.

Does anyone know the best course of action I should take. I have asked P4U if I could have the packaging and address to send the phone back to but they stated that if I do they will return it and get a debt collection agency involved.

I have never signed a contract, does this mean under the consumer credit act that I have no contact with phones 4 u or is it like they say a contact because I said yes over the telephone.

Do you think I should send the phone back and refuse to pay?

Thanks

[buzby]

Why would T-Mobile recommend you switch to Vodafone? It doesn't make sense. Also, you don't have Consumer Credit Act protection as you bought a phone (not credit). If you mean that you didn't sign a new contract, they'll simply transfer your agreement from the original one.

I think you should establish what the ACTUAL notice period is (7 or 14) and whose period that is, the network or the shop (P4u).

[petehinch]

Thank you for the reply

It was Phones 4 U who told me to switch from T-Mobile to Vodafone. It wasn't a transfer of contract as I know have to contacts one with each company.

[petehinch]

Is there anyway to pull out of the contract then and also is it a contract even though no document were sign ie just a phone convo.

Many Thanks again.

[buzby]

Ah - you'd actually said it was T-Mob, hence my confusion. T mobile have a 14 days cancellation, but P4u is depends on local policy, so this may have caught you - OR they're playing fast and loose. Sadly, you don;t need to sign anything, they can assert your agreement and you retention and use of the goods to have the contract confirmed. At this stage, if you are still close to the deadline of 14 days, write by recorded delivery and call at the shop stating you were advised 14 days and you are cancelling. Hand back the phone and SIM card and GET A RECEIPT that notes the IMEI number on the phone and box (it should be the same).