Signed Three contract in store. Thought I had 14 day cancellation. Do I?**RESOLVED**

[billywilder]

Hi

 

I came on this site to find out about my student loan deferment

and realised that someone may be able to help me with a spot of bother I have got myself into.

 

I went into a Three store 3 days ago to look at a phone I was thinking about buying.

 

 

I ended up buying it on contract and

was under the impression that I could cancel it

and have my money refunded as

I specifically asked the salesman "I can cancel this can't I" me meaning that I would not be worse off financially if I did.

 

I went into store to cancel it because I decided it was too expensive

and was informed that there was no 14 day cancellation option and I have to keep it.

 

Is there any way for me to get out of this because it is not very economically viable?

 

From what I have read some companies offer a 14 day cancellation service

but are not required to by law if you go into store to sign the contract.

 

 

Any information to contradict this would be gratefully welcomed.

 

 

The phone and sims are unused and sealed.

 

Thanks

Jon

[fkofilee]

It depends on the terms you signed, anyway dont bother with the store.. .

 

Email; david.dyson@three.co.uk

 

Thats the head honcho of 3

[silverfox1961]

Hi,

Were you offered a full copy of the terms and conditions of the contract? I suspect not as they tend to have them on their site and don't allow you instore to check them. If they did offer you the full terms and conditions then did you read them before signing?

 

I ask this because my daughter went into a 3 shop to upgrade and they told her that they don't keep full terms and conditions in store. they also advised her that if, when she had read the terms online she decided not to carry on, the contract would be cancelled on return of the phone.

 

I do agree with the above post. Contact the boss.

[billywilder]

Thanks for the answers and the contact for head honcho.

 

The short contract that I signed says that I can exchange the device if I am not happy with it within 7 days. Not sure what they mean by that, as I have one 24 month contract at £27 a month including phone and and one 12 month contract at £7 a month without.

 

I'm still not really sure what my position is if any and what I should ask from the head man.

 

Thanks

Jon

[think about it]

The key thing here, as the others have said is to check your contract paperwork, it's those terms and conditions that you've signed in acceptance of.

[silverfox1961]

Thanks for the answers and the contact for head honcho.

 

The short contract that I signed says that I can exchange the device if I am not happy with it within 7 days. Not sure what they mean by that, as I have one 24 month contract at £27 a month including phone and and one 12 month contract at £7 a month without.

 

I'm still not really sure what my position is if any and what I should ask from the head man.

 

Thanks

Jon

 

I would be asking that if I cannot read the full T's&C's before agreeing to a contract in store then why am I not able to cancel the contract?

[billywilder]

I just received the details and I was told that all numbers would be free ie 0844 and 0300 and the plan I have been sold they cost 5p per minute. This is misselling but as the conversation was verbal what is the best way for me to go about it?

 

Thanks

Jon

[billywilder]

Writing to the big man to see what happens.

[think about it]

Billy, have you/are you still using the phone?

[billywilder]

Unopened and unused as are sims

[steampowered]

Hi

 

You would have had a 14 day cancellation period if you entered into the contract by phone or online. As you bought it in store I'm afraid I don't think you have a statutory right to cancel.

 

However, as you were specifically told by a salesman that you have a right to cancel, 3 should honour that. If they do not then you would be able to bring a small claim against them for misrepresentation.

 

If you aren't getting anywhere in store, then I would escalate your complaint to their head office. I think you should say you are terminating your contract with 3 and explain why, and ask them how they would like you to return the phone. If you still don't get anywhere then you will need to write a 'letter before claim' threatening to bring a small claim against them.

 

 

In the meantime you might as well have a read through your paperwork and their T&Cs to see if there is anything in there which might help you.

[billywilder]

Hi

 

You would have had a 14 day cancellation period if you entered into the contract by phone or online. As you bought it in store I'm afraid I don't think you have a statutory right to cancel.

 

However, as you were specifically told by a salesman that you have a right to cancel, 3 should honour that. If they do not then you would be able to bring a small claim against them for misrepresentation.

 

If you aren't getting anywhere in store, then I would escalate your complaint to their head office. I think you should say you are terminating your contract with 3 and explain why, and ask them how they would like you to return the phone. If you still don't get anywhere then you will need to write a 'letter before claim' threatening to bring a small claim against them.

 

 

In the meantime you might as well have a read through your paperwork and their T&Cs to see if there is anything in there which might help you.

 

Hi, Thanks for the reply. I have written to head office and have the executive office dealing with it. I am having no luck with them so far but am pushing for a full refund.

 

I was told I can cancel and also I was told that the new contract would be free for 0844 numbers which it is not. They are trying to say that the information is available around the store and in the terms and conditions of the contract but I have said that I have been told them and have no reason to question the salesmans word as I don't expect to be lied to . Also that the terms and conditions are summarised in the contract I signed and the full ones are linked to so are not easily accessible.

 

To be honest I'm surprised that they still push for me to keep the contract as I have been a good customer of theres for years and I don't want the new contracts at all. They are basically trying to make me pay for something I don't want on a technicality of their contract system.

 

I'll see what their next move is. Should I just cancel the direct debits then and carry on from there or leave them in place and fight my corner to get them refunded? I may have to follow the small claims path as there are two things I was told verbally that are just untrue. Is this easy to prove as it is word against word? The replies I am getting are that the employees always follow guidelines etc etc. which is rubbish.

 

Thanks again

Jon

[steampowered]

If you just cancel your direct debits you risk damaging your credit rating. If you can't resolve it then ultimately you will have to go to small claims. You can't prove what you were told verbally so you would have to take a chance with the judge.

[billywilder]

Thanks for your help everyone. It is now all sorted.

 

Return envelope sent by three, new contracts cancelled. It took a few letters to the executive office stating my position.

[silverfox1961]

Well done for staying on the ball with this. Keep every letter/email just in case it comes back to bite you in the future and keep an eye on your credit file too.

 

I will mark this thread as resolved.