I emailed Trading Standards and they told me to ring Citizens Advice Consumer Service which I did. They have said that as I first emailed the Chief Executive on 15th August 2012, I was just inside the period of cancellation under Distance Selling Regulations, he told me that Carphone Warehouse were obviously arguing that I had accepted the phone whereas I argue that I did not. The advice given was to send one last email to Carphone Warehouse quoting the Distance Selling Regulations and state that I have not accepted the item and attempted to return it within the 7 working days period under the DSR regulations. Also I was told that it wasn't for Carphone Warehouse to decide whether I had accepted the phone or not, it was up to the judge, I was told I might win I might lose but I do have a case and that if Carphone Warehouse do not comply with my request then I have been told to take them to Court, I will do if required. The Consumer Service have also reported Carphone Warehouse to trading standards.

Do you know what annoys me more than anything? The fact that the store manager in my local store agreed to an exchange twice, I have been lied to.

I have emailed my local Trading Standards, I will let you know their response as soon as I hear from them.

That's why I feel a claim through Money Claim would be a good option providing Trading Standards give me the go ahead, It's cheaper and not as bad should I lose.

But I'm taking this all the way and fighting them to the end, I'm not rolling over or walking away from it until they sort it out.

I can't see how Carphone Warehouse could win given the circumstances? They don't have much chance if they are breaking regulations.

Thing is it's only a very simple exchange, phone for phone, what's so hard about that? I think I have a strong case to take this to Court and win but I will follow your advice first. I will inform them that I'm reporting them to Trading Standards which I will and that I plan on taking them to Court and inform them I have a good case and believe they are in the wrong.

Thanks for your reply, I think I will inform them tonight that I am reporting them to Trading Standards, I could just open a claim through Money Claims Online couldn't I and do it that way instead of seeing a solicitor?

Someone? I want to send a response to them a.s.a.p.

Got an email, this looks like Carphone Warehouse's final response:- Thank you for your email. I'm sorry to hear that your chosen handset does not meet with your expectations. The Carphone Warehouse is fully compliant with distance selling regulations, and has chosen to offer a returns policy which exceeds the minimum requirements. Items ordered over the phone or online can be returned unused by customers. Customers are able to inspect the handset to obtain and look and feel of the product. Once a SIM card has been inserted in a handset and a connection made this confirms acceptance of the contract; and the product if returned cannot be resold as new. I can see from your email that you have reviewed our terms and conditions. The information you have provided can be found via the following link: http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1ff75c90-bcb9-11de-e56d-000000000000} On this page below the exert of information which you have provided, our returns terms and conditions also state the following information: Can I try out my product first? Depending on what you bought, there are different rules about how much you can use your product before you decide to take it back. Find out more about what condition your product should be in when you return or exchange it. Via this paragraph, you can also click on the hyperlinked text 'what condition your product should be in when you return or exchange it.' This will take you to another page which states the following information: What condition should my product be in when I return or exchange it? Mobile phones What you can do with the phone before you make a change of mind return or exchange You can turn the phone on and try it out. But you can't make any calls or send texts, or add anything to the phone's memory (such as saving numbers or taking a photo). I understand that you are not happy with the response which has been previously provided. As you have used your SIM card in the handset this means that the handset can no longer be returned or exchanged without the value of the contract being paid to the network provider Vodafone. As we are not in breach of our returns policy and terms and conditions, in this instance we cannot exchange or return your handset. Kind Regards Looks like it's time to report this to Trading Standards then and take them to court via Money Claims Online, agree?

Thanks for your help though, I appreciate it and I will put a lot of pressure on them as I know I am being fobbed off, If they want to be taken to Court then that is what will happen. Also, I've told them now not to phone me but to correspond via email for future reference.

I should push them for extras ;-) I don't understand why companies can say you can't return or exchange something when it's a customers statutory right and get away with it, it's wrong.

This is what it says on their website:- Returning or exchanging items bought online or over the phone You can return most products within 14 days You can return or exchange almost anything you buy from us online or over the phone. As long as you let us know within 14 days of the day we first try to deliver your product. What can't I return or exchange? Top-ups - bought instore, online, over the phone or on your mobile. Ringtones, downloads, Talk2Text or graphics. Personal Bluetooth headsets (this is for hygiene reasons). Car kits once they've been installed. Give us a call on 0870 087 6626^ if you want to cancel an installation. Home broadband once it's been installed - please contact your broadband provider if you want to cancel your contract after installation. On some phone networks you can return your phone but you can't exchange it. This affects phones on these networks: T-Mobile 3 Talkmobile Orange (this only affects Pay monthly Orange handsets that are branded with the Orange logo) This means that if you want to change your product for something else, you'll need to return it for a full refund and then make a new purchase. You may lose the phone number you were given, you may have to take an extra credit check, and the whole process may take a few days longer than if you were doing a straight exchange. As my phone is on the Vodafone network, I am able to exchange it, whereas if it was on another network I could only return it but Carphone Warehouse have said I cannot exchange or return it.

Haha yeah your right but I fight to the end especially if they are in the wrong, I won't rollover and I'll keep on at them until they rectify it.

I just cannot for the life of me see why they are being so awkward about this, it is so easy to resolve, why drag their heels?

They are obviously worried the email said:- "Thank you for your email. Your complaint has been logged as a high priority case. We have a dedicated member of our team investigating this and they will be contacting you within the next 48 hours. Kind regards"

Got an email just now saying they are investigating and will contact me within 48 hours but this email was from the same person that contacted me the other day saying that they could not do anything. At least if they don't resolve it and I have proof I have complained and tried resolving it then I can start the ball rolling with Trading Standards.

So they could be breaking their own T&C's and the SOGA and the Distance Selling Regulations, am i right?

I'm going to call their bluff first and see if it gets me anywhere, if not then I will contact Trading Standards.

I think I have been through the complaints procedure already haven't i? I've been in store and had no luck so went directly to the Chief Executive who got someone to try and sort it out but no luck, no where else to complain to I don't think so it looks like I will have to go to Trading Standards.

So tomorrow or Monday what do I need to do? Just email Trading Standards and then issue Carphone Warehouse with some sort of demand?

Yeah your right and I was totally aware of this, the store manager even said I could exchange it but when I went in on Monday he wasn't there but I gave his name to the person who served me and he phoned the manager and checked and it was fine but then after speaking to 2 people on the phone they said they couldn't do it, their excuse was because I bought it over the phone and was classed as a different type of order but that's rubbish, it was still sold to me by them.

Well, I don't wanna cancel it, just change the phone. I went into Carphone Warehouse on Saturday but the guy who served me rang someone and the guy on the other end tried to get Vodafone to give me an additional handset but I failed the credit check this time round but obviously I don't want an additional handset, I just want to exchange the one I have, they then phoned someone else infront of me only to be told an exchange was not possible. I was informed yesterday that I can not exchange the phone or even return it as I have been using it and the contract sim. Very frustrated, I only want to exchange the handset, I have the Samsung Galaxy S3 which came out in June which is £499 to buy outright, I want to exchange it for a HTC One X which came out in Feb/March and is £449 to buy outright so obviously I'm looking to exchange for a cheaper handset than the one I have.

They won't do it, I contacted the Chief Executive who passed it onto someone to look into it, got a phone call yesterday saying sorry nothing we can do, therefore I am stuck on a 2 year contract with a phone that I do not want. The phone I want is worth slightly less than the one I have now.

Oh and flumps, I do appreciate the advice you have given on this thread so far.