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00765 v carphonewarehouse/T Mobile


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I changed a phone number from pay as u go to a T Mobile 12 month contract, at a carephonewarehouse store on 26 November 06, less than 14 days ago. Carphonewarehouse gave me a LG Chocolate phone as part of the deal. On the contract it states that T Mobile does not allow any cancellation of a 12 month contract once it is issued.

 

From the moment i started to use the phone i was not happy with it. Then on Wednesday this wk, i received a call from Carphonewarehouse, asking me if i was happy with the phone. I said no. They said, well take it back to the store where i bought it & ask for a different handset.

 

When i went to the Carphonewarehouse today, I was thobbed off with a Carphonewarehouse staff refusing to change the phone & instead directing me to speak to T Mobile. The member of staff asserted that that Carphonewarehouse does not change any handsets ( phones ), even if the request for a change is within 14 days of having purchased the handset.

 

I proceeded to ring T Mobile whilst at Carphonewarehouse store. The T Mobile rep. said that T Mobile is only concerned with the Contract & that ie i should speak to Carephonewarehouse who gave me the handset. I actually had the T Mobile rep speak to the Carphonewarehouse staff, whom i had been speaking to. The T Mobile rep repeated to the Carephonewarehouse staff what they had said to me.

 

The Car... staff refused to accept what the T Mobile rep was saying to them. So I asked to speak to the store Manager, who simply reitereated what their staff had said.

 

Can this be right that i take a T Mobile Contract out with a new phone, at the Carphonewarehouse & when I go to return the phone to Carphonewarehouse within 14 days of having bought it regardless of what the small print may say, I can't receive a different phone.

 

It is not the Contract that i'm trying to cancel, which (in any event) T Mobile says you cannot cancel, it's just the handset which I am not happy with.

 

Tomorrow will be the 14th day.

 

Can anyone assist? Thanks in advance

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  • 2 weeks later...

Your contract of sale is with the Carphone Warehouse, not T-Mobile and therefore it is their problem to deal with any issues which arise.

 

Did you buy the phone in store or over the phone?

 

The Distance Selling Regulations apply to services/products bought remotely and not face to face - you have 7 working days from the day after receiving the product to cancel.

 

Carphone Warehouse ts and cs say:

 

If within 14 days of purchasing your product you are not entirely satisfied, we will be happy to exchange your product, where permitted, provided your return it to us within 14 days of receiving it.

 

See our return or exchange process below.

 

 

gben-server-AssetServer?article=MAIN.UK.INTERNET.HELPINFO.ORDERONLINE.RETURNS.DEFAULT&asset=DOT To arrange an exchange, please call our customer service line on 0845 601 0411. We will provide you with your exchange authorisation number and details of the address your return should be posted to. Your replacement handset will be couriered to you once your return has been received by our Logistics Team. Exchanges are only available within the first 14 days after receiving your product.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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I'm surprised the T-Moblie agent told you to seek an exchange from CW, as they have no control or say in how CW process returns (it's different for T-Mobile Retail stores, but only slightly). As chesham points out, the goal is to ask CW to change it as you're not satisfied, NOT because T-Mobile told them to.

 

If all else fails, there's nothing stopping you buying a handset you like SIM free, putting your T-Mob SIM card into it and completing your contract as normal. Similarly, if the LG phone is not faulty (you just don't like it) you can sell it on eBay - but not to anyone overseas.

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If you take out a contract phone with Carphone on one of their networks that they provide service for like O2 Carphone, or Fresh Mobile you can change return the hanset with 14 days and the cancel the contract within 7. As they are only selling on behalf of T Mobile the T Mobile returns policy goes and as I recently found out T Mob don't allow return of the handsets, I would argue the point with T Mob

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Thanks for all your useful comments.

 

I will not be posting on this thread again, as i've decided that i have bigger battles to fight at the moment, such as KMC mortgages & HFC credit card.

 

Thank you all again & may I wish everyone a very peaceful XMAS & a most prosperous New Year

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  • 8 months later...

i've also been stung by this no returns policy that carphone warehouse has with t mobile any advice gladly appreciated.

 

I bought a web n'walk contract for 18months without being told about the non return issue

 

after buying it i found that it required a computer with a specification beyond what i had so i didn't open any packaging.

 

tried to return it and was told by carphone warehouse that this is not possible.

 

i spoke to the sales assistant, the manager, the customer services rep their manager and was promised a call from a more senior manager which never occured.

 

like the person above T mobile cust service said there shouldn't be a problem and carphone w. should be able to cancel it?!

 

I now have an 18 month contract I cant use unless I upgrade my laptop!

 

I think this is unacceptable... any advice?

 

cheers

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What did you buy? Phone, Modem or just a SIM? The downside is it was not their fault your own existing equipment was deficient, and just as if you bought a modem that required a USB connection then discovered your laptop only had a PC Card slot, they are under no obligation to release you from a contract. There are also no SOGA (Sale of Goods Act) issues, unless there is something faulty or wrong with the product as supplied. Your options would be to trade up to a laptop that does provide the spec required to make it all work as designed, or sell the package complete with contract to someone you can trust to take it over from you.

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