Can I cancel my upgraded mobile phone contract if done across the shop counter?

[fulwoodwhite]

Can anyone advise on whether the cooling off period for mobile phone contracts only relates to those contracts done via distance selling.

 

I upgraded my orange mobile phone contract on 24th Dec, through Carphonewarehouse, and they, including Orange, are refusing to allow me to cancel using the cooling off period.

 

I thought the cooling off period was there to protect consumers in any event.

 

Can anyone please advise what the law actually states.

 

many thanks

[Powlo1]

New contracts done instore have no real cancellation policy (only if there is no coverage in the areas where it'll be used and that needs to be acted on immediately). O2 are the only retail entity which allow 14 days instore for all purchases.

 

As for an upgrade there is NO get out! You accepted over the counter, and you cannot say the coverage is insufficient as you have used them in the previous term.

[buzby]

Absolutely none. As an existing customer, if you upgraded over the counter that is it - until the next minimum term deadline is reached.

[Ex DSG Man]

The info already given is correct, however an upgrade can be cancelled / reversed by the dealer / network if the situation warrants it such as the dealer miss-selling the handset.

 

You have said Carphone / Orange refuse to cancel the upgrade. You will find Carphone can still request it (they can do it upto 28 days after connection) is reversed but they will lose the commission for the upgrade and the cost of the handset as they cannot resell it. Unless they have done something wrong they will not do this for obvious reasons. If its just a change of mind on your part then you will have learnt a hard lesson.

 

Notes will be on your account for any calls made to Orange just incase you want to try and tackle this from another angle.

[carty79]

I signed a new contract with o2 a week ago, can i cancel it, under "the change your mind period". It was an upgrade to an i phone.

[buzby]

Sadly no, upgrades are excluded. If you just dislike the handset - go back and explain why, as they might be accommodating.

 

I had a friend that got an upgrade, but his eyes are intolerant to b;ue, and the illuminated keys on the handset lit up blue, which meant he couldn't make them out (the letters).

 

They let him switch to a handset that an orange light behind the buttons he COULD see). So it can be done, but it wasn't a contract cancellation, if that;s what you were after.

[carty79]

I went to the store today, who refused to change the phone. They said to contact customer services, who in turn, said to go back to the store.

[buzby]

The store were pulling a fast one. If there is discretion, it is with THEM an nobody else. On balance, becasue of this (rather stupid ploy) I'd go back to the store and ask to see a manage (after all, what have you got to lose?).

 

You haven;t said WHY you wanted to cancel the u'g, but lots of people do an upgrade simply to get a new handset, sell it on an auction site for £££ and keep on using their old handset... if this is an option for you, it is worthwhile doing.

[carty79]

Another thing was because they showed me a demo of the phone. And that is why they are saying they wont change it. The phone works different at home to in the shop, Signal wise. It says on the back of the contract, you have 14 days "change your mind period". I will take it further.

[carty79]

Another thing was because they showed me a demo of the phone. And that is why they are saying they wont change it. The phone works different at home to in the shop, Signal wise. It says on the back of the contract, you have 14 days "change your mind period". I will take it further. I did speak to the manager who said they would not have the phone back.

[buzby]

The 14 days referred to in the contract is for new customers, and is a waiver in case there are coverage issues. For upgrades, you are expected to be knowledgeable of the coverage as you are simply changing your phone which (braodly) will have the same nominal coverage as your earlier handset.

 

I'm still not clear as to your actual complaint. Of course the signal will be different at home from 'in the shop'. The retail premises usually have a Pico-cell installed to service all the handsets (and give them good coverage too), that difference is to be expected.

 

If you;re stuck with it - SELL it on at a profit, and keep on using your old one.

[Ex DSG Man]

I signed a new contract with o2 a week ago, can i cancel it, under "the change your mind period". It was an upgrade to an i phone.

 

Carty79, unless the product is faulty or mis-sold, o2 store nor customer servives will reverse the upgrade.

 

If the store shows you the phone, explains the handset and answers any specific questions you have and YOU choose to upgrade there is little option to return.

[chr_nic]

Mate i just registered to answer your question. Don't listen to thes(Edit) lol, they dont know what they are talking about.

 

That receipt you get from o2, turn it around for t&c's, the FIRST thing they tell you is you got 14 days to cancel UPGRADE! Im doing it myself tomorow because they trying to me on my bold 9700....

 

& for the (Edit) that are giving you wrong advice, and could have trapped poor you in your contract

 

READ THIS

 

Help - O2)

 

Next time someone wants advice, you should think twice before acting like you know it all!

Edited October 12, 2010 by maroondevo52
Removed unsuitable language.

[buzby]

And welcome to CAG.

 

It goes without saying, if O2 do decide to let you rescind your contract, this would be a plus point, however, you have no RIGHT to assert this should they refuse.

 

It would appear that in addition to chr nic's verifying link not working, he hasn't yet managed to get a cancellation himself and will be 'doing it tomorrow'. As for turning an 02 receipt 'over' - mine is blank (on a phone bought in Nocember '09). Beware of posters with no track record, but better yet, those that cannot conduct themselves in a civil manner.

 

It's the parents I blame.

[Powlo1]

Must say Buzby, People these days. I agree, blame the parents.

 

And Chr_nic! Having worked as a store manager for O2, I don't need to think twice. I know the policies and regulations governing it.

[chr_nic]

Didnt realise that link didnt work, they canceled my contract!

 

if your receipt doesnot show youit, and your on o2, look at section 4 in t&c's. As for the link, got to www.o2.co.uk . Click the support tab on the homepage,enter this search "I upgraded in a retail store, can I return my handset within 14 days?"

 

'Yes, please return to the store with your proof of purchase and they'll arrange for your upgrade to be cancelled or to upgrade you to a different handset. If you changed your tariff as part of the upgrade you'll still have to pay for any pro-rated line rental amount and any charges outside of your allocated allowance.'

[chr_nic]

LOOOOOOL! buzby, just because i dont spend my life on forums like these, building up some kind of "status" on this site, dont result in you or anyone being anymore credible then me.

 

+ about your expectations of me having some sort of manners, wtf, i just seen someone in exact same situation as me, went out of my way to register and reply. To let everyone know, o2 DO reverse upgrades within 14 days! Ignore these "high status" 'credible' know it all's!

[danoli]

Post count is irrelevant, credibility is noting to do with how often you post here. chr_nic is correct, whether you like his/her way of putting it, the fact is, they are correct.

 

The website link states upgrades CAN be cancelled. I have also exercised my right to cancel an upgrade fairly recently.

 

Powlo1, you need to brush up on the T's & C's lol, which store did you manage?

 

Buzby, fantastic post count, but sadly, this does not indicate any 'greater knowledge'.

[buzby]

Buzby, fantastic post count, but sadly, this does not indicate any 'greater knowledge'.

 

Actually it does. What your post cound reveals is your inability to comprehend the question asked. Which was - as I recall - what 'rights' there were in being able to cancel an upgrade.

 

The truth remains, there is none.

 

You have absolutely no right of cancellation of an upgrade as a 'statutory right' - although OFCOM has stated it is looking at forcing an introduction of this sometime in the next couple of years if at all possible. No 10, 14, 21 days of cooling off. Individual networks MAY offer additional terms that will permit a consumer to exit a legally binding contract, which will be in addition to the consumers statutory right, but that is a matter for them and their shareholders tro decide on whether this is a good idea or not.

 

So if the opposite of knowledge is ignorance, you've managed to demonstrate this ably in just 2 posts. Congratulations.

 

Bottom line - a phone contract is bad news for the consumer. They gain so little and risk so much, one must question why it seems such a good idea.

[chr_nic]

Thank You Danoli!, you CAN cancel all upgrades within 14 days if the phone does not do what you want it to do. End of.

Edited October 4, 2010 by chr_nic
Misread Danolis reply

[buzby]

End of? Common sense, perhaps. You cannot 'cancel all upgrades within 14 days' It is up to the consumer to ensure the phone does what you want it to do BEFORE committing yourself. Unless the network agrees to the waiver. Only a fool would believe you have a 14-day 'right' to cancel if you change you mind. You ensure you purchae is what you want BEFORE you commit. Your existing contract is being renegotiated, so there is no time period that allows you cancel as you will be attempting to reinstate your earlier contract terms, and this requires the consumer to give 30 days notice of cancellation. A new contract, does not have this baggage, so a 14 day cancellation of a NEW contract is fair game.

[chr_nic]

OMG, this is dumb. i'll be more specific ALL O2 UPGRADES CAN BE RETURNED AND CANCELED WITHIN 14 DAYS! For ****s sake, turn the receipt around (the one you get with o2 upgrades)

 

You mention "only a fool would beleive..." please stfu as I dont think you know what your talking about. You have come out with a variety of one liners "its the parents I blame" e.t.c. you dont know me Mr academic/intelligent/contract upgrade know it all and this is getting a bit frustrating.

 

Why the hell are you giving bad advice? Please people, if you read this, when you upgrade ask the sales guy if you can return the phone in 14 days or look at the back of your receipts and add evidence to the FACT that you CAN return within a cool off period. As long as you not on a business tariff I am POSITIVE this Buzby fella is full of **** and a 'by the book' kinda guy. I assume he works for them ****e government funded help agenciesl ike citizens advice bureu. 13,937 posts, WTF guy, I wonder how many other people you given bent advice to.

 

Bottom line is, when asessing yourlast reply in more detail, you really are full of ****,you have basically said IF they sign the 'waiver' you get out of it but the you move onto say only a NEW contract can be canceled. Make your mind up.

 

I would say all resellers (e.g fones 4 u / Carphone warehouse) might trap you in contracts. All direct stores (e.g o2) will have extra perks such as cool off period on upgrade.

 

The reson for this might be because resellers pre-purchase X amount of contracts per annum and their sales guys HAVE to hit targets. An upgrade would be classed as a 'sale' so both the business and employee will remove the option to return.

 

Direct stores like o2 are not bothered, they own the satelite space. Returned upgrades will only effect the sales guy in store. He could ptentially make it difficult for you but give in at the end.

 

try not to deal with the middle man and be a smart consumer. Ignore people that tell you things are just not possible, . Anything is possible.

Edited October 11, 2010 by chr_nic

[buzby]

Nurse!

 

Read what is said - not what you imagine was said. Great - O2 give 14 days on upgrades? That's a WAIVER of their choosing. Orange, T-Mobile, Vodafone, Virgin et all do NOT. Got that?

 

No, probably not.

[chr_nic]

your talking ****, prove it.

[buzby]

Let's see now... ytou're just in the door with 6 posts....

 

YOU prove it. I can't be bothered when you resort to abuse in some vain effort to prove something you mistakenly think is valid. Ask Consumer Advice, they always get it wrong, so that'll be all the proof you need. Or better yet, read back this forum and see what has happened to others that have tried to cancel an 'upgrade', and got nowhere.