Dialaphone contract cancellation

[007jamesbnd007]

Hello everyone, please can you help.

I am currently with Orange as my mobile provider and the contract due to end, I asked them how much a Nokia N95 was, £300 the reply. So I trawled the net and found a good deal with Dialaphone, handset free on O2. So I took up the offer and then rang Orange, to cancel who said they could do the phone for £10 and £10 a month less. I did take that offer and emailed Dialaphone (cust services had gone home) cancelling the contract. I received the confirmation (pre-dispacth it said) email. Later that day I got an email from O2 with my number and rang Dialaphone who confirmed that the contract has been cancelled, then I receive the phone and no documentation.

Sorry it's a long one.

I have emailed them even tried to speak to the automated cust service Racheal and they have afew times tried to contact my phone but I have been at work, but won't communicate through email. I then receive a bill from O2, not their fault, but no I receive an email from DAP who say they cannot cancel the contract as I haven't returned the phone. How could I. I have sent a message saying I will get Trading Standards to interced if need be.

Finally,

where do I stand regarding this contract, please advise

Thank you all

[buzby]

If you never received the phone, there is no contract in force. Let that be a lesson to you changing horses in mid-race. Write by recorded delivery to DAP and O2 with any account information they've sent you. Advise you asked for the contract to be cancelled and you received no phone and no service, therefore you ask that they cease pursuing you immediately and request confirmation that they are aware of the cancellation.

[007jamesbnd007]

I did receive the phone but there was no documentation with it, and like I said I have tried to contact them for help with the cancellation and advice on what to do

I would prefer to stay with Orange as I have no problem, I just wanted a Nokia N95

[buzby]

You must have had either a receipt, copy contract, advice of delivery, SIM card number. What did O2 provide? A Welcome Pack with your customer reference number or mobile number?

[007jamesbnd007]

All I got was the phone in a plastic bag. From O2 I got nothing, an email came with my phone number and that is all

[buzby]

How were you advised of your allocated phone number - a label on the box or in O2's email?

[007jamesbnd007]

I got an email from Dial a Phone but no contact from O2, Only got a bill from O2

Mesage from daial a phone:

Welcome to Dial-a-Phone. Your new O2 mobile number is 07515144394

If you have any queries relating to your new phone please contact our 24 hour automated Customer Care line on 0871 225 9810 or log on to our interactive customer care website at www.dialaphone.co.uk, your username and passwor

If you need to speak to O2, their customer services number is 0870 241 0202 or 202 directly from your handset.

Thank you for choosing us and we hope that you enjoy your new phone.

[buzby]

Now - they may have treated this as an 'online' sale, in which case it will rely on your use of the phone and payment thereof to confirm the contract. If you haven't used it - and it was posted to you - then the Distance Selling Regs may also apply. The contract cannot be confirmed otherwise, but if you gave them the authority to take paymens from you - make sure this will not happen, as this can be used as your tacit agreement that the contract is in order. Check the DAP website for their specimen 'contract' that you supposedly agreed to.

[007jamesbnd007]

I did give my bank details but cancelled the direct debit soon after, before the payment was due

[buzby]

Good - as a web-based transaction, grab a copy of their T&C and review them carefully so you can check on their notes on cancellation.

[007jamesbnd007]

Checked em' doesn't look good.....

 

1. Returns Policy ...Top

 

If you wish to take advantage of our returns policy, it is your obligation to return the phone in question together with any accessories and other goods supplied at your own cost by special delivery. Our returns policy only applies to phones which are unused (i.e. not used to make or receive calls or send or receive messages or data).

Our returns policy is in addition to any other rights you have and enables you to return the unused phone and other products we have sent you and end any associated airtime agreement. For phones with an associated airtime agreement, the unused phone and other goods must be returned to us within 7 working days of delivery (30 days on T-Mobile Business Tariff). For handset only phones the phone must be returned to us within 7 working days of delivery. You must follow the Returns Procedures supplied with the phone. If there is an associated airtime agreement, you will remain liable to pay for any line rental until the unused phone and all other goods we supplied to you are received back by us in unused condition in accordance with this policy. The unused phone and other goods must be returned in their original packaging. If we do not receive the phone and other goods back by the required date or if it has been used or we do not receive all the accessories that we sent to you, then any associated airtime agreement will not be cancelled and you will remain liable under it. You are responsible for the phone and other goods until they are received by us. Unless we have provided you with a prepaid envelope, you are responsible for the cost of returning the phone to us.

Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.

Unless you have cancelled the contract in accordance with paragraph 10, even if you do not use the phone, the airtime agreement will be deemed to be have commenced on the date of delivery.

 

Cancellation under Distance Selling Regulations ...Top

 

If you are a consumer, in addition to the benefit of our returns policy you also have certain cancellation rights under Distance Selling laws and paragraph 10 applies.

Should you wish to cancel your contract then you may do so by sending us written notice before we have accepted or despatched your order or by sending us written notice no later than 7 working days after receiving the phone.

However, where there is an associated airtime agreement (i.e. it is not a handset only phone) you will not be able to cancel your agreement once you have started to use the phone.

If you cancel your agreement before you have received the goods but we have already processed the goods for delivery you must not unpack the goods when they are received by you.

If you cancel your agreement after receipt of the goods, once you have cancelled you must not use the goods and you must keep them in their original packaging.

You must take reasonable care of the goods.

If you cancel, you must return the goods to us at your own risk and cost. You should follow the Returns Procedure enclosed with your phone.

Once you have notified us of your cancellation then any sums paid by you will be reimbursed within 30 days (other than our costs if we have to recover the goods from you). If you cancel under this paragraph and have not returned the goods to us within 7 working days of cancellation or when requested, you must make the goods available for collection by us at your cost. We can recover the costs of recovering the goods from you if you do not return them to us.

[buzby]

You've already got your pre-dispatch cancellation. The fact they sent it out despite this cancellation is their problem, not yours! If you have it, get it back ASAP, and send it SD. If they query the delay, say you were awaiting normalisation of post due to the recent disruptions.

[007jamesbnd007]

can I claim the postage back from them?

[buzby]

You could try, but it was you that changed your mind after getting the ball rolling. Paying for the return is a small price to pay for getting out of the contract by the skin of your teeth. If they had been in breach, I'd have chased the postage but as it was you that simply changed your mind, I wouldn't make an issue of it.

[007jamesbnd007]

Well, sent the phone back a few days ago, had it sent back to me and they state that as it wasn't returned in the 7 day period they cannot cancel it.

[buzby]

Not a problem. Write back to them by Recorded Delivery. State that you are not obligated under their '7 day' return rule, as you had cancelled the agreement before the phone was shipped. As the phone was shipped due to their error, and as they did not accept its return, it is now available for collection by appointment, or on payment of your courier charge of £10.

 

Photocopy your cancellation message and include it within the letter.

[007jamesbnd007]

Just an update. Sent the phone back and they sent it back to me saying I was outside the 7 days return policy.

Got trading standards involved now. Dialaphone say I ordered twice, once on the web then on the phone.

I ordered on the net but did not give a confirmation email so I called the sales line to confirm the order had been placed, they confirmed the hadn;t been placed so made a new order. they now say I placed two orders and they cancelled one.

Will keep you informed, thanks for your help

[buzby]

Aha! Neat twist on their part! Don;t rely too much on Trading Standards - like any other Council department, they mean well but won't help you fight your case. Do remember to keep records of all conversations (Date/Time/Names and a note of the conversations.

[snu]

You could probably legally treat the one which was cancelled but delivered as an unsolicited gift and keep it, in fairness.

[buzby]

You could probably legally treat the one which was cancelled but delivered as an unsolicited gift and keep it, in fairness.

 

Not really, this would work for anything that was not supplied as part of a contractual obligation, but it could be taken that retention equation to acceptance of the additional contract. Risky!

[007jamesbnd007]

Well, we seem near the end. Got an email from trading standard who tolld me to expect a call from dialaphone with good news. They rang home and left a number for me to call Mohammed, i called it and an automated system said the order had been cancelled and as so the agents would have no details on me so it would terminate the call.

So now it seems as though the contract has been cancelled but I still have the phone.

Now what? ome things are never sinple#

 

Anyway, thank you for all your help

[007jamesbnd007]

Got an email from then telling me to send the phone back to them by SD within a week or if I don't that means I accept the contract.

I have already sent it back once, why should I pay £6.00 again? Are they allowed to threaten me with this as this is their mistake?

[buzby]

Take it to them, and get them to sign that they've received it safely. If that costs you more in time and effort than returning ti again by SD, it's reasonable.. It may not be 'fair' to pay again, but they've given you a get-out, take it and shop elsewhere. If you don't getting the contract cancelled will be impossible and probably cost you more in the long run.

 

Make sure when returning it, the know THEY requested you to do so (to save it coming back again)!