Can a shop do this legally?

Vegetarian said:
Even if you not used it?
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Pretty much. About the only way would be if you could demonstrate that CPW missold the contract and therefore had to cancel it.

Your problem lies in convincing CPW to cancel it, which they are under no obligation to do.
 
Think about it. Why would orange let you off at their discretion if you are moving to vodafone.
 
My ex got a new phone on orange about 3 months ago, I went with her to make sure she didnt get shafted on any deals (got her 5800 + £30 dolphin for £16/month) they specifically said that if she changed her mind at any point she could return the phone within 14 days.

This was through an Orange shop though, not car phone warehouse but she should still be able to return it. They are just trying to pull one over an old lady. If your having trouble with CPW, bull**** them, tell them you thought the contract would be ok to use along side vodafones friends system, but it isnt. Hence they mis-sold the contract.
 
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this was my opinion:

all stores have a cooling off period, doesnt matter whether its a phone store or a porn shop they have to by law and the product needs to be returned as sold.
 
codec said:
this was my opinion:

all stores have a cooling off period, doesnt matter whether its a phone store or a porn shop they have to by law and the product needs to be returned as sold.
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This is not the case, there is absolutely no legal right to return a product simply because it's not wanted to a shop (online/phone sales are somewhat different).

Many shops offer a 'no quibble' promise or similar, but it is not a right.
 
yes but this isn't just consumer, its contractual law and I thought if a contract is deemed to be unfair the party that recieves unfair contractual terms has the right to exclude themselves from the contract.

I thought that a no returns policy on a contract is unfair as it is something that spans over a long period of time where she would have to pay for something she does not want. in previous times I have cancelled contracts 14 days into the contract. and carphone warehouse cant refuse to take back a phone when the contract is with orange.
 
You shouldn't have got it from CPW anyway - if there was a "cooling off period", they'll dig their heels in, deny it etc. and make it as difficult as possible for you to cancel.

You could try going down there and making a scene - seen it done at "Phoneys4U" where they said no initially and then gave the person a refund as they were going around the shop telling the customers not to bother buying anything as there's no after-sales service.

Raised a smile that did, mainly because it's true.
 
DominicStar said:
It used to be that their had to be a cooling off period for all credit that is variable is this no longer the case?
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There is a cooling off period under the consumer credit act, which isn't relevant to mobile phones, as they aren't credit agreements.
 
codec said:
yes but this isn't just consumer, its contractual law and I thought if a contract is deemed to be unfair the party that recieves unfair contractual terms has the right to exclude themselves from the contract.
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How is the contract deemed unfair?

I thought that a no returns policy on a contract is unfair as it is something that spans over a long period of time where she would have to pay for something she does not want. in previous times I have cancelled contracts 14 days into the contract. and carphone warehouse cant refuse to take back a phone when the contract is with orange.
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You thought wrong, and CPW certainly can refuse to take back the phone as authorised dealers of the network (same as they can offer the phone in the first place).

There is no right of return, it's entirely at the dealers discretion.
 
I did this ages ago. I'd just got a phone on Vodafone contract, and over heard a staff member tell another customer about a beter deal on another network. So I went to the guy who dealt with me and played hell up and they changed me over.

Get them on false information, that your mum wanted Orange but gave her Vodafone. Do it right, and it will work!
 
Tute said:
You shouldn't have got it from CPW anyway - if there was a "cooling off period", they'll dig their heels in, deny it etc. and make it as difficult as possible for you to cancel.

You could try going down there and making a scene - seen it done at "Phoneys4U" where they said no initially and then gave the person a refund as they were going around the shop telling the customers not to bother buying anything as there's no after-sales service.

Raised a smile that did, mainly because it's true.
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I don't see why a shop should let anyone cancel, you might spend and hour trying to convince someone and then they go home and think naah don't want it. If consumers have protection why should the shops not get some as well? You can't just have it one way where the consumers have all the rights and the shops have none.
 
JAzz said:
I don't see why a shop should let anyone cancel, you might spend and hour trying to convince someone and then they go home and think naah don't want it. If consumers have protection why should the shops not get some as well? You can't just have it one way where the consumers have all the rights and the shops have none.
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You make a valid point, i'm simply saying that if the OP doesn't want the contract he might well get some results if he goes back to the shop and creates a fuss.

I don't like any of these kind of "cowboy" mobile phone shops anyway, so i'd hardly lose any sleep over it.
 
go in within 14 days and ask to insure the handset with airtime contract protection, you'll be able to break the contract early, it used to be 3 months for 12 month contract 6months for 18 and 9 for 2 years but that might have changed. that's your best bet now, although if you would prefer a different network they might be a bit more forgiving when it comes to network exchanges rather than an out and out cancellation.
 
I love the number of people who seem to think you can buy something and after deciding you don't like it, even though it is entirely fit for purpose, you must be allowed to return it.

How some people get though life at all amazes me.
 
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