OneStopPhoneShop - Return Help

[FunkyJMan]

Hi,

 

I have a bit of a problem that hopefully someone can help me out with. I ordered a new mobile phone from OneStopPhoneShop on the internet I think they are owned by Carphone Warehouse. Anyway the day after I decided to call and cancel as I changed my mind and they said they had canceled but it still arrived yesterday so i opened it up to have a look to see if I wanted to keep it after all, but there was no seal or anything on the box, anyway I tested it out, made a test phone call and text msg and after decided I didn't like it.

 

I checked in every single terms and conditions that came with it about returning the phone and it said you could do under the distance selling regulations within 7 working days, it said the same in the breif outlines, the full t&c's and also in the t&c's from T-Mobile which is the network it was connected with. So I called up Cust Services at OneStopPhoneShop today and asked for an RMA but they said I can't send it back as I have used it, I pointed out that there is no mention of this in the t&c's that came with the phone at all and he said it is on there website.

 

Can they do this? I see no mention of any specific clauses in the Distance Selling Regs stating if you use a mobile phone you can't send it back?

 

This is the part from the FAQ on there website which completely contradicts the t&c's they have sent me.

 

[next][0]=customer&q=10#a"]http://www.onestopphoneshop.co.uk/index.php?&B[0][next][0]=customer&q=10#a

 

Please help as unsure what to do next.

 

Many Thanks

Jamie

[MrShed]

I believe the DSA applies to unused goods....could be wrong however. Did you use the sim card that came with the phone to send the text and call?

[blacksheep1979]

whenever I've had an upgrade from Orange (different co, I know) there has been a 30 day cooling off period so in that instance using the phone was acceptable I believe.

[FunkyJMan]

Thanks for the replies, I can't see any mention of the DSA only applying to unused goods and in there own terms and conditions they supplied with it they say to test it out and if you don't like it return it within 7 working days "undamaged", anyway Cust Services won't do anything so going to try a claim through court.

 

Cheers

Jamie

[OrangePrimate]

Hi Funkyjman

The 7 day distant selling rule (7 days starts from the day AFTER recpt) is there for you to TRY the phone out, not much use if they are saying cant return it under the 7 day selling rule if you used it! The reason the rule exists is because when you purchase via mail order you dont get the chance to try the product before you buy like you can in a store.

OneStopPhone shop are devils for doing this, we get calls from customers all the time in your situation!

All i can suggest you do is contact T-Mobile, tell them that the phone has arrived, you have tried it and it is not suitable for your needs and will be returning it to OneStop. ask them to make a record of this on your account. BUT they can only cancel their end once OneStop inform them to cancel.

Then contact OnseStop, TELL them you are returning the phone, package evrything back up and send it back to the address in the paperwork (should be on a covering letter in the packaging) post it RECORDED delivery and make sure you keep the reciept. do a track'n'trace on the Royal Mail website with the ref number on the recpt and make a note of the time/date it gets signed back at their offices/depot, then sit back and wait!

All should be as it was before they sent the phone out to you, either no contract at all or the upgrade cancelled depending on what criteria it was sent to you.

DO NOT keep the phone, whatever they say. If you keep it you wont have a leg to stand on!

Good luck.

[FunkyJMan]

Thanks for that, I will get onto T-Mobile tomorrow and OneStop again informing them im sending the phone back and will send it Special Deliv just in case.

 

Cheers

Jamie

[FunkyJMan]

Just a quick update, I called T-Mobile and explained I was sending the phone back to OneStop and they said it was no problem as within the 7 working days, so called OneStop this morning to tell them it was being sent back as advised above and was told by a very rude guy that it would just be refused at the warehouse as I had no returns auth code and I asked how I was able to return it then as they wouldn't give me the code and he said I flat out can't. Anyway I am sending it back today Special Deliv in the hopes it will be accepted and they will read the enclosed letter. If they just refuse it instantly then I suppose it just means I can file a claim against them that bit sooner. OrangePrimate you seem to have dealt with people who have had problems with them before, do you have any other advice for me as they have really wound me up this morning not so much by what they said but just the attitude I got from the Cust Service department.

 

This is one company I will certainly never use again. I have to say though that T-Mobile cust services were very helpful and pelasent, maybe a call back to them seeing if there is anything they can do although i doubt it.

 

If anyone has anymore advice please let me know.

 

Many Thanks

Jamie

[OrangePrimate]

Hi Jamie

So sorry you are having this problem, but like i said before, not at all surprised!

Only adivise i can offer is for you to call T Mobile again and let them know about the call to OneStop and request to put a 'Retailer Feedback' through to their Commercial Support dept, (assume TMobile do this the same as Orange etc)

You could also request, and they are not obliged to do this, that the CS give OneStop a call on your behalf to ensure that you are being 'treated correctly' this will make it clear to them that T mobile are aware of the issue you are having.

I have done this on occasion for customers, we are not supposed to get involved and dont be surprised if they say no! but at least request the dealer feedback gets done so it is all on record, and more power to your claim should the need arise!

Saying you will be filing a claim against them at the moment will not in all honesty bother them one jot! their response will be "file what, it hasnt cost you anything" but a few months down the line, now thats a different story!

Also, one last point, make sure you put your return address details on the package, because if they do refuse it at the depot and it gets sent back to you, it will then be down to them to arrange collection. If you then request that they claim their goods and they refuse or fail to do so, its yours with no penalty (not sure on how long after though, but sure someone here will be able to help with that one)

Best of luck

[FunkyJMan]

Hi,

 

Sorry to bring this one up again, I have had absolutely no joy with OSPS returning the phone they point blank refuse to accept it back, the warehouse signed for the phone but it was sent back to me a few days later so it's here again. Cust services told me they couldn't take it back as the network (T-Mobile) wouldn't cancel the contract but I called them 3 times and each time was told the contract could be canceled without any problems within the first 7 working days but they needed authorisation from OSPS who won't give it.

 

Anyway onto my actual question, the phone I have I had to pay £120 for and obviously came with an airtime agreement with T-Mobile, I have today written out my court claim form but im confused about how much it will cost me, for the amount im claiming it would be £30 fee but as I require cancellation of my contract also do I have to pay any additional fees? I called the court to ask but they were less than helpful and said they cannot give legal advice although I didn't really think what I was asking was legal advice :-|

 

If anyone can help me with how much I should have to pay when filing my claim that would be great otherwise I guess I will just pay £30 and hope for the best, im sure they would contact me if they wanted more money?

 

Thanks a lot

Jamie

[jampot]

It doesn't matter than OSPS have returned the phone to you... that's their hard luck.

 

Under the terms of the DSR, they MUST refund you within 30 days of you cancelling the contract, and YOUR duty is to restore the goods to them. Your responsibility ends as soon as you post them back and they are received.

 

If they've sent them back out to you, that's their problem.

 

Did you pay by credit card? If so, immediately dispute the transaction (over the phone) with your credit card company, then send a recorded delivery letter to both OSPS and your credit card company, outlining the situation as it is:

 

1) phone ordered

2) order cancelled under DSR

3) phone returned

4) refund now due

 

I would go as far as to suggest that you'll return their (not your) phone, only when they've refunded you and rescinded the contract. At the moment, that phone is practically unsolicited goods.

[jampot]

This is a direct copy from Statutory Instrument 2000 No. 2334 - “Statutory Instrument 2000 No. 2334 The Consumer Protection (Distance Selling) Regulations 2000”:

 

Restoration of goods by consumer after cancellation

17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).

(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -

(a) to retain possession of the goods, and

(b) to take reasonable care of them.

(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.

(4) The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.

(5) If the consumer -

(a) delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or

(b) sends the goods at his own expense to such a person,

he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.

(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(8) Where -

(a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and

(b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,

paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.

(9) Where any security has been provided in relation to the cancelled contract, the duty to restore goods imposed on the consumer by this regulation shall not be enforceable before the supplier has discharged any duty imposed on him by regulation 14(4) to return any property lodged with him as security on cancellation.

(10) Breach of a duty imposed by this regulation on a consumer is actionable as a breach of statutory duty.

[FunkyJMan]

Thanks for that Jampot, I did purchase it on my credit card fortunately I usually use my debit card. Anyway I called the CC company and they said I can dispute the payment as I have tried resolving the matter with the retailer myself already but I just missed the guys in the dispute dept they only open mon-fri 9-5 so will call up on Monday morning to take it further.

 

One question though if I do it this way, I assume I hold off with a court claim at present, but do I have to write to OSPS telling them what im doing or will the CC company do that etc, because I can see what might happen, they will refund the phone and ask for it back but leave the contract running.

 

Any more advice would be really appreciated.

 

Thanks

Jamie

[Guest retailerspointofview]

Thanks for that Jampot, I did purchase it on my credit card fortunately I usually use my debit card. Anyway I called the CC company and they said I can dispute the payment as I have tried resolving the matter with the retailer myself already but I just missed the guys in the dispute dept they only open mon-fri 9-5 so will call up on Monday morning to take it further.

 

One question though if I do it this way, I assume I hold off with a court claim at present, but do I have to write to OSPS telling them what im doing or will the CC company do that etc, because I can see what might happen, they will refund the phone and ask for it back but leave the contract running.

 

Any more advice would be really appreciated.

 

Thanks

Jamie

 

keep a copy of the track and trace royal mail webpage. this proves where the property is concerned you havedone your part.

 

by them sending it back to you can be seen as them giving you a free-bie phone.

keep it safe for now incase they ask for it back but legally because you have proof they already received it back it is now yours.

 

now all you have to concentrate on is the money side.

 

i would claim for the price of the phone. any phone bills you have paid, the price of the recorded delivery plus any other expenses.

 

cal up t-mobile and ask for the telephone or extension of they helpful t-mobile operator who can deal with the cancelations. pass this onto OSPS and tell them they are waiting for OSPS's call to cancel the contract.

 

even tell them the t-mobile operators name or the supervisors name so they have a point of contact who will happily cancel the contract.

 

as long as you have sent back the phone to OSPS within the time they dont have a leg to stand on. them returning it to you is them losing out on a phone. they still have to pay you back.

[FunkyJMan]

Hi again,

 

Another update on this as it's still unresolved. I have been in touch with my credit card company and they have read all the terms and conditions etc and agree with me that I should have the money back so they are putting a charge back through for me but they needed me to return the phone a second time for some reason anyway that has been done today no doubt I will recieve it back shortly without any explanation.

 

The problem I have is that I am yet to pay T Mobile anything and I receieved a letter today saying my file has now been passed onto a debt collection agency. I called them up and explained the situation and couldn't believe that OSPS had refused to accept my return and they said I was well within my rights, anyway they are going to try and get my file back from the Debt Collectors but im a still a bit worried what to do should I get anything in the post from them or they come knocking on my door, also what is the impact going to be on my credit file?

 

I also am going to have to take OSPS to court I assume as the CC company will only get me my £120 I initially paid for the phone they won't be able to get them to cancle the contract. Does anyone have any advise on what I should write in my POC or should I seek legal advice rather than going it alone?

 

Lastly, the girl I spoke to at T Mobile gave me there Head Office address and advised me to write to them explaining everything to see if they could help, do you think there is a chance they may be able to sort the problem out for me without having to file in court? I am going to write a letter explaining everything this evening and will also include copies of the Terms and conditions I recieved from OSPS.

 

I hope someone can give me a little advise on my questions as this is starting to get me down now.

 

Thanks in advance,

Jamie.

[FunkyJMan]

Does anybody at least know how much I have to pay to take them to court, as I would obviously be claiming for cancellation of the contract, is the fee £150

 

Please help.

 

Thanks

Jamie

[Parva]

As an aside, I had an 'extra' phone delivered as a 'freebie' with another mobile phone I ordered from OSPS and having thought about it I decided to return the 'freebie'. It was subject to contract and the 'freebie' side of it was by redemption which I'm notoriously bad at.

 

Fortunately for me I managed to return the phone complete in un-opened box with seal intact but still got hit with a £5 or so bill from Orange as they reckoned that I was liable for the roughly 5 days total send-out and receive-back from OSPS, the argument being that despite not using it I incurred line-rental.

 

I couldn't be bothered with the hassle and just paid up in the end but it goes to show that you don't even have to open the damned box to be hit with charges! I would also avoid OSPS, had many phones off them over the years but their last one (ironically the one linked to this post) caused me many headaches and I will never use them again.

[FunkyJMan]

Just a quick update, I have finally had some sucess, I wrote a letter to T-Mobile Customer Relations a few days ago and they called me up this evening, they said they completely agree with me that OSPS should have given me a refund etc and they appologised for the problems and said they will raise the complaint internally now as they were apparently unaware of the problem. Anyway they said to return the phone to them and they will cancel the contract straight away and clear any outstanding balance. I have to say that throughtout the whole process T-Mobile have been fantastic everybody I have spoken to there has been extremely helpful and very polite on the phone. It's a shame companies like OSPS seem to get away with things like this, but good to see there are still some big companies out there who have excellent customer service.

 

Jamie