Cancelling an upgrade contract with Tmobile/Carphone Warehouse?

[gigglemal]

Just wondering what the situation is regarding cancelling a mobile phone contract?

My sister - on behalf of my niece - took an upgrade (original contract was expiring in July) at Carphone Warehouse for a Tmobile phone.

However, since then, on reflection they've decided they maybe could have a better deal elsewhere - possibly the new iphone has tempted them? My sister was far from impressed with the customer service at CW, and if it was up to her probably would have walked out - but she really wanted to get the phone for my niece as a gift, so persevered.

She has contacted CW, who told her to contact Tmobile, but they claimed as the phone was bought/upgraded in store she is exempt from any cancellation or cooling off period (which they claim would have been applicable if purchased online).

She's read all the documentation they have with the phone, but nothing clearly states cancellation rights - is this because they don't have any, or just that they're not advertised?

For the avoidance of doubt, there is nothing wrong with the phone, they've just had a change of mind. Clearly they will have to take the matter up with Tmobile, but I'm trying to see if there is anything legally/consumer rights-wise that they can argue their case with? The documentation does suggest they can cancel at anytime, subject to possible charges - although it isn't exactly clear TBH. For instance, what is the point of committing to an 18 month contract otherwise?

Is a mobile phone subject to the Consumer Credit Act? I thought there may be a cooling off period, or is this excluded because it's an upgrade rather than a new contract?

Any information or advice would be gratefully received,

With thanks

[davethorp]

Mobile is not subject to CCA.

There is no cooling off period on t-mobile new connections or on any upgrades purchased in store. Distance selling regs would apply if purchased online or over phone

You can cancel any time however you will be billed for the line rental for the remainder of the contract

Sorry but I think your stuck with it