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Carphone Warehouse - Return Being Denied***Resolved***


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Hello all.

 

Ordered a mobile phone from CPW on the 27th Dec

Phoned CPW directly asking to cancel the contract and return the device on the 9th Jan.

 

Customer service rep stated that the 10th of January would have been the last day I could cancel the contract.

 

I was given the choice of returning it in store or by taking it to a DPD collection point.

I asked for the DPD collection point since it is nearer.

 

Have been ill with an ear infection which had left me with horrible Vertigo which has kept me from going to work

hence why I haven't taken it to the DPD collection point.

 

Intended on doing that today

I called CPW to confirm everything was OK

was told that because I didn't return the phone on the 10th that they can no longer accept it.

 

As far as I am aware, I have 14 days to return the phone after stating my intention to cancel which would give me until 22nd January to return the phone.

 

Am I correct in thinking this?

 

Also on the CPW website it states you should keep and destroy the sim card

whilst the lady on the phone said I should return the sim card in the package,

so a bit confused about this.

The sim card is unused, if that matters also.

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you notified them you wished to cancel within 14 days

 

you continue to have the right to return everything and cancel.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just spoke to another agent who says I have escalated the matter in full and they simply have said there is nothing I can do,

 

they listened to the phone call when I cancelled and although I cancelled within 14 days,

the customer service rep did not say I have 14 further days to return the item.

 

According to them,

my 14 day period to started on the 27th and ended on the 10th which is the last day they would accept the item.

 

They said If I wish to complain I can go to trading standards or complain to the financial ombudsman.

 

What would you suggest my next step be?

 

Also,

is there a way to stop direct debits being taken from my account whilst this matter is pending?

 

I could of course cancel the direct debit agreement at any point,

 

but I do not want that to affect any procedures I may go through in the future.

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they are WRONG

stop ringing brainless people

 

you cancelled within 14 days

 

it matters not you have yet to action sending the item back.

 

cancel the DD NOW

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Will do, only issue with cancelling DD is that my original line is with EE and they've bundled the payments into one. Going to see if I can get payment for the cpw phone separated. Before noting your post I did cite their own T&C including the following

 

4.4.7. If you cancel an order for Goods, they must be returned to us within 14 days of you informing us of your wish to cancel, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.

 

At this point the customer service agent got angry and said go and discuss it with a store instead I can't do anything.

 

Either way, I'll be heading down to my nearest CPW tomorrow.

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edit. wrong quote

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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they are WRONG

stop ringing brainless people

 

you cancelled within 14 days

 

it matters not you have yet to action sending the item back.

 

cancel the DD NOW

 

depends if it was online or not dx according to consumer regulations. Unless ive missed a part.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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no he opened a contract

under contract law you have 14 days to cancel without penalty.

unless CPW have the in store waiver on their contracts

also they would have to tell the OP at the time it was non cancellable as to being signed on premise.

 

nothing to do with CRA etc...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah the order was online, the customer service rep was certainly annoyed that I quoted their own T&C's. He tried every which way to deny I was correct.

 

Him: The cancellation only happens when a return label is processed as confirmation

Me: I got a label processed on the 9th

Him: It's only for phone and online orders

Me: But it is an online order, but you know this already.....

Him: 4.4.7 only applies to goods and services

Me: and is my order not one for goods and services?

Him: well what do you want me to do about it? Go talk to some other manager or something, I won't argue with you, the return is only for 14 days from day of purchase

Me: Thanks for your time, goodbye.

 

Utter nonsense

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if its online , then as already advise, by law you have a further 14 days to return it from the time you told them.

 

Also, i would be forming a complaint about that customer service rep. He obviously doesnt know the law AND is arrogant.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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hey that's even better it was online

but doesn't change the fact that its within 14 days of opening the contact

the phone was free so CRA doesn't apply that way toward the 'product'

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I most definitely intend on making a complaint.

 

Before the transcript I posted he even re-read the 4.4.7 line

but then reworded it to "from day of purchase"

despite us looking at the exact same page,

then tried saying maybe the website is not updated with proper terms etc.

 

Even Very.co.uk, whom a lot of people I know hate,

have given me better customer service than this to me.

I won't be touching CPW again after this though.

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Complaint to the head office and reference that he was arrogant and has in effect broken the law on behalf of the company.

 

Although a quick email or letter to the CEO will usually get you your refund.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'll be firing off an email if I get nowhere after going in store.

 

Complaint will be sent regardless of the outcome.

Did have a chat with an online rep as well.

 

He at the very least, acknowledges their own terms stating that their is 14 days to return after informing them I want to cancel

apparently their in house policy is that I only have 7 days to return the product from the moment they generate the returns label.

This 7 day return policy is nowhere to be seen on the website nor was it mentioned to me on the phone lol

 

Got the chat transcript too.

That at the very least shows that although their terms say 14 days from the date of informing,

they have their own in house policy (which no one is told about) that circumvents this to only 7 days.

 

Shady

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Doesn't matter what their terms are. Your statutory rights override them.

 

They're completely wrong and breaking the law. When you go to Cos, demand to speak to the store manager. If he refuses then he'll be in a world of trouble and I doubt he wants to risk his job.

 

If he refuses, ask for that refusal in writing and keep calm.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I will do. What a mess out of a simple problem. I imagine most people would have backed down at this stage.

 

Interesting turn of events.

 

Called CPW after the online rep put a note on my account regarding the 4.4.7 clause.

 

Seems that got something done at the very least because all of a sudden the return status on the phone is back to "open" after being set to "closed" from the Jan 10th.

 

Even though he said I could still use DPD to return the phone I don't trust it.

 

Will hand it back to them in store today then make a complaint

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I will do. What a mess out of a simple problem. I imagine most people would have backed down at this stage.

 

Thats how CPW works sadly along with a few other companies. They don't train their frontline staff in the actual law. Just their own policies.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Return was accepted. EE should refund my account within 3-5 working days.

 

When forming an official complaint, what should I suggest I would like to be done?

 

Does making a complaint do anything after an issue has been resolved?

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Yes. a complaint forces them to issue a proper response and also allows you to take it further if needed.

 

As for the content, you detail what happened, but keep it short and to the point, and what you would like to happen in resolution.

 

So you could be after vouchers, air time, or simply ask for that member of staff to be retrained in the relevant legislation.

 

You could simply ask for a proper apology from the staff member concerned and manager you dealt with who refused to follow the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Address it to the CEO so then if it gets passed somewhere els,e theres someone to chase. If you address it to complaints team, it can and usually does go missing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If a financial contract involved can you not raise a complaint with the FSA as i believe it costs them £500 to reply to complaint. They might then start training there staff instead of stitching you up for the best profit every time.

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Address it to the CEO so then if it gets passed somewhere els,e theres someone to chase. If you address it to complaints team, it can and usually does go missing.

 

In this case it would be Sebastian James then?

 

Stepping down apparently but doesn't come into effect until September 1st

 

If a financial contract involved can you not raise a complaint with the FSA as i believe it costs them £500 to reply to complaint. They might then start training there staff instead of stitching you up for the best profit every time.

 

not sure to be honest.

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  • 4 weeks later...

Quick Update

 

Return was accepted and account was refunded for the first months payment that was taken out via DD

 

Received a response from CPW offering £50 compensation and £50 off any product when buying over the phone.

 

I replied stating that I didn't trust their services anymore after the previous encounter and that I would rather £100 compensation. I never received a response but a payment from them for £100 entered my bank account today.

 

Sending an email got me nowhere but sending a letter via recorded delivery did the trick.

 

Happy that this issue has finally been sorted.

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Well done thread title amended accordingly.

 

Regards

 

Andy

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