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murphydog

Cancelling with 3 mobile -7 days distance selling rule

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I know this has been spoken of before but I was wondering if anyone had had any success.

 

I recieved my new phone from 3 mobile yesterday on a brand new 18 month contract which I ordered over the internet. I have tried using it today and am unable to get coverage most of the time which makes it of very little use to me. I have just called 3 to say unfortunately I would like to return it and they said because I had used it I had no rights to return it, so we went through the paradox of I needed to have used it to find it didn't work very well and that's why I need to return it.....

 

Please can someone advise me, do I stand a chance of being able to return this phone as I've only had it for 24 hours, but it seems other people that have tried may not have been successful.

 

I'm not trying to be awkward with 3mobile, if the coverage was good then that would be great but it's not. Surely they cannot exclude themselves from fair trading rules.. can they?

 

Many thanks in advance.

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Was this an upgrade, or are you a new customer?

 

The fact you 'used' it is of no consequence - if you hadn't you wouldn't have known it was unsuitable. DSR applies, but you need to stick to your guns. India appears to be unaware of your actual 'rights'. If NOT an upgrade, you simply package up the phone, SIM and return it to them BY REGISTERED mail to cover the full value. If Customer Services don't give you an address, send it to Glasgow and keep the receipt. Remember to tell them who you are, and why it is unsuitable.

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Thanks for your reply Buzby.

It was a new contract.

The 14 days 'peace of mind' letter says that I need to get a returns authorisation number and then wait for them to send me a bag, I'll get the number off them but don't think that I can wait around for their returns bag as I'll be out of time, sneaky monkeys. Will check around to get the correct address.

It says to destroy the sim so I'll do that, and I'll put a letter in the bag with it explaining who I am and why it's coming back. Do you think it's worth quoting trading standards 7 days.

Hopefully they are not going to try and charge my card for 18 months of tariff or what-not.

 

I know that 3 mobile seem to be catching a few people out with this, so will update when anything happens

.

Cheers again Buzby.

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An RMA us useful, but can be counter-productive if its issue makes you 'out of time' - although it could be successfully argued that as you were following their advice and timeframe this should not work against your 'rights'.

 

DON'T destroy anything - actually, I'd PIN protect the SIM and send it back too, for the sound reasoning that your contract is based ON the SIM, and if you don't return it, signifies your willingness to continue with the contract but without the phone. (Very possible!). By returning everything, this cannot be implied.

 

Trading Standards are of no consequence, it is the DSR that applies, and it is under this law you are rejecting the item, lack of coverage is just the icing on the cake!

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