Problem with mobile phone contract from Carphone Warehouse

[K301982P]

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.

[renegadeimp]

You CAN exchange it. It is your statutory right. Especially since you told them within 14 days. Keep the pressure on them and theyll buckle. If they try the "gesture of goodwill" trick, make sure to file a full complaint. That phrase means they know they have done wrong, but will not admit it.

[K301982P]

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.

[K301982P]

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.

[K301982P]

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?

[K301982P]

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

[renegadeimp]

Simply answer, theyre full of crap. Statutory law still applies, regardless of if you put a sim in it or not. You are well within your rights for the first 7-14 days to request a refund or replacement.

 

I think it might be time you hunt out a solicitor that deals with this kind of stuff, and who can do the first consultation free.

[K301982P]

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?

[renegadeimp]

I just dint see how they can justify not giving you the right to cancel, or putting a clause on it that breaches your Statutory rights.

 

As for a MCO claim, speak to trading standards first and see what they say. They take action after you have gotten their advice.

[K301982P]

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.

[renegadeimp]

Trading standards should be able to point you in the right direction. They have all the knowledge and legal headwork to know the best course of action.

 

Just remember, if you make a court claim, you will need to have a very good and solid case, as CW will undoubtedly defend any legal action, and they have very deep pockets, so they will employ a very good legal team.

[K301982P]

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

[K301982P]

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.

[renegadeimp]

Lately with civil cases, cases seem to be won on not who is right or wrong, but how good your lawyer is.

[K301982P]

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.

[renegadeimp]

very true. Lets see what trading standards have to say. CW are basically saying you are not entitled to a refund, replacement or exchange, even though you are within the cancellation period.

[K301982P]

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

[K301982P]

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.

[renegadeimp]

Make sure to tell TS that too.

[K301982P]

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.

[renegadeimp]

Fingers crossed it works out for you. At least you know you have a case because they are breaking regulation. Now lets see what CW decide to do. Im thinking they will come back with a gesture of goodwill.

[rebel11]

When you send the last e-mail to Carphone Warehouse, on the letter write the following :- Ref:- Trading Standards / Citizens Advice Service, Noxxxxxxx

 

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.

[K301982P]

Thanks for the replies, my case is strengthened by the fact the Store Manager twice agreed to an exchange only to be then told by other staff members it could not be done.

 

I first attempted to exchange on 13th August then I first contacted the Chief Executive on the 15th August.

 

I just think they are in the wrong and hope they will see that, will they take the chance of losing in court? I think you might be right renegadeimp.

[K301982P]

They aren't budging, got this email today:-

 

Thank you for your email.

 

I am sorry to hear that you are not happy with the response which we have provided.

 

I would like to advise that the basis of our decision is that you have used your handset and SIM card.

 

It is part of our returns terms and conditions that the handset must be unused in order to be returned. The handset may be inspected but the SIM card cannot be inserted and used if a return is required. This is specified in the returns policy.

 

I am sorry that we cannot provide the resolution which you have requested, if you have any questions regarding this please don't hesitate to reply to this email and I will be happy to help.

 

Kind Regards

 

Court it is then.

[renegadeimp]

Handset must be unused? Umm.. wrong. Thats why the law/regulations and 7-14 day statutory right laws exist.