Phones4U Disaster!

[randomboy]

Hi all,

 

I went into this shop on my way home and i need to point out that i was very very drunk (one of those days!)

 

Anyway, i got roped into a contract, i cant even remember what happened really, even the signature on the contract is nothing like my signature!!!...

 

To top it all off the phone reception in my house is terrible.

 

I only "signed" for this thing on the 17th......what chances do you think ill having of getting out the contract??

 

There is still as new and I have all the accessories

[renegadeimp]

You have 14 days to cancel it. You are liable only for anything you have used on it up to the time you cancel it. Calls, texts etc

[randomboy]

It says on their paperwork that it can only be cancelled if you have signal issues, even then the operator (Orange) has to agree.

[renegadeimp]

Nope. The law says you have the right to cancel within 7-14 days. They cant stop you.

 

Thats for online or phone. If you went into the shop, you dont have any immediate rights, but the shop could cancel it. If you were clearly drunk, then it would have been misold to you, but then youd have to get the cctv to prove it.

[renegadeimp]

http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

[randomboy]

I couldnt even sign my name so i was clearly drunk for sure. I would have thought the contract wouldn't stand up well in a court if the store didn't check this against my credit card.

 

Plus as ive stated, the reception in my home is unusable, it clearly states on the Phones4u paperwork that I have a right to cancel if this is the case.

 

I need out of this contract big time, ive just been made redundant!

[renegadeimp]

If phones4u state that you can cancel, then you need to speak to them.

[huggy41]

if you got the phone 10 days ago why have you left it this long find to try out if you can cancel ?

[randomboy]

with the greatest respect, thats my business, but its been sat in the box all that time........lets just say that tomorrow if the first day I can get back to the shop

[renegadeimp]

If, as you sate, phones4u said you can cancel, then go through them.

[randomboy]

Thank you for all your advice....i guess its pot luck what will happen tomorrow

[fletch70]

7 days for D&D?

[randomboy]

I dont understand that last comment, whats D&D?

[fletch70]

Don't worry randomboy it was a bad taste joke. Drunk and disorderly

[fletch70]

Not that it matters in this case but for reference the DSR gives you 7 days to reject the goods and not 14.

[randomboy]

Ah no worries.......i was wasted!!......how they thought I could understand that contract is beyond me!

[BazzaS]

Not that it matters in this case but for reference the DSR gives you 7 days to reject the goods and not 14.

 

Does the DSR apply if he took out the contract in a store, and left with the new handset from the store?.

 

However, that is moot if the contract is voidable if the OP's intoxication at time of signing gave rise to a lack of 'capacity': be prepared for them to argue "he didn't seem drunk to us!"

 

"You can only cancel if it should have been obvious to the trader that you didn't know or understand what you were doing when you bought the goods or services" : see (for England):

http://www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_contracts_e/who_can_make_a_consumer_contract.htm

 

Similar applies in Scotland:

http://www.adviceguide.org.uk/scotland/consumer_s/consumer_protection_for_the_consumer_e/consumer_contracts_s/who_can_make_a_contract_s.htm

Edited January 28, 2013 by BazzaS

[fletch70]

No DSR does not apply here,it was more a reference to a previous comment.

 

Randomboy, from my experience and press mentions of this company they really will not care if you were blind deaf and dumb if they could get a sale.

 

Let us know if you get the contract cancelled.

[randomboy]

Good news guys!!

 

I managed to get it cancelled on the grounds that i could not fully appreciate the nature of the details of the contract as i was so intoxicated. I went into my own provider (Three), and they confirmed that id been in there that day and they had refused to serve me so I used this knowledge against Phones4Poo!

 

So im back on my contract with 3 thank god.......truly unlimited data, no catches, 2000 minutes, 5000 texts, £35.00.....plus i can set a cap so i always know what my bill will be and dont have to keep checking on what im using.

 

Forget Orange and the rest of them, I only had that contract a week and managed to rack up a £200 bill on top of my contract because i didnt know there was no credit limit and you cant even set one......what a [problem]. That contract was £40, 900 mins, 500 texts, 1 GB Data.......yeh, right!!!

 

Good job im kinda persuasive when i need to be too, you have to stand up to these money grabbing con artists!

[fletch70]

Well done. Strikes me as amazing you managed to clock up a bill when the phone was still in its box. Or did you go abroad and use it, always a silly thing lol

[randomboy]

No......in my drunken stuper i still managed to activate and call about 1000 people talking nonsense!..........luckily i managed to repack it as new minus the sellotape that holds the box shut!

[fletch70]

You really are very random. Good result