Mobile Dongles

[Bolshevik]

After being assured that T Mobile would provide the best signal for my post code area by Caphone Wharehouse and finding none whatsoever, T Mobile refuse to accept that there is no broadband coverage and will not cancel the contract.

I'm arguing that the Dongle is not fit for purpose.

Is this a valid argument?

[jacktheband]

Not a valid argument. Fit for purpose refers to the purpose for which it is sold. A dongle is sold to connect to mobile masts when within their coverage range. If, when standing within their coverage, it does not connect and allow access to the internet then it is not fit for purpose. But if the problem only happens when you try to use it outside of their coverage then you cannot claim it is not fit for purpose.

 

It seems the real issue here is the Carphone Warehouse has led you to believe that there is coverage at your postcode when the reality you've experienced is to the contrary. Might be worth returning to the store to see if they'll accept it back and cancel, but with no returns policy (unless faulty) and a possible stance from them that coverage maps are merely a prediction for the area in general and do not give guarantees of signal at a precise location you might be facing a brick wall.

 

Sorry to give you this news, but this is the pitfall of signing up to a mobile (phone or dongle) contract prior to doing your own research as to whether it is suitable for your intended locations.

[buzby]

You don't say how long you've had it - if within seven days, get it back so you can formally reject it, not as you suggest, 'fit for purpose' but that T-Mobile have no coverage at the inception of the contract.

[jacktheband]

My bad, i just assumed you got it from a store.

 

If you got it from their website or over the phone then you have 7 working days (day one being the day after you received the goods) to cancel it under Distance Selling Regulations.

 

However, if you did get it instore then their policy for T-Mobile dongles is 'no returns' even if no network coverage at home. Unlike buying online, there's no legal requirement to provide a cooling off period when you buy instore.

[buzby]

Unlike buying online, there's no legal requirement to provide a cooling off period when you buy instore.

 

However, it can be successfully argued that the contract cannot be confirmed if misleading statements asvto coverage were made. Further OFCOM are expected to enforce a 'returns window' that the retailers and networks will have to adhere to.

[jacktheband]

However, it can be successfully argued that the contract cannot be confirmed if misleading statements asvto coverage were made.

 

Agreed. But that'll be where the battle comes into play when dealing with Carphone Warehouse and trying to get them to accept it back! It can be done, just don't expect any plain sailing!!!

[buzby]

Heck, same with P4u who appear to make up their policy's on the hoof - denying customers their consumer rights unless/until they take a stand. Makes you wonder why folk line to to agree to a contract that will probably end in tears...!

[locutus]

Heck, same with P4u who appear to make up their policy's on the hoof - denying customers their consumer rights unless/until they take a stand. Makes you wonder why folk line to to agree to a contract that will probably end in tears...!

Because they have adverts in the doorways for a free wii