Phone returns to Mobiles.co.uk

morgan25

morgan25

morgan25

Associate
Joined
3 Jan 2005
Posts
519
i have been a little bit silly and got a phone off Mobiles UK before canceling my current contract and now my provider has offered me the same phone on a better deal. Can i return the phone to under the distance goods act even though i have been using it the last 4 days?

There site says using the phone is an acceptance of contract is that true or BS?
 
You can cancel all credit contracts within 7 days. Because you bought this over the internet, you can also send anything (as long as you haven broken it or anything) back under DSR within 7 days.
 
Do a factory reset and they will never know that you used it? I'm not a lawyer but I'm not so sure its legal to say you can't have used the phone.

The credit contract you signed should have information about the cooling off period. Surely if you cancel that, they'd want their phone back. If they don't, all the better for you.
 
morgan25 said:
They will know because the contract as been used.
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You may be right.

http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

"The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel."

edit:

I would still talk to the mobile operator directly (after speaking to mobile.co.uk). I'd find it hard to believe they don't have a cooling off period for contracts simply for good customer service.
 
Last edited:
Burnsy2023 said:
Forget the DSR, this is what you want.
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http://www.adviceguide.org.uk/index/your_world/communications/mobile_phones.htm#Contracts

Ending a mobile phone contract

You cannot return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if your contract gives you a right to cancel. If it does, the mobile phone company may charge you to do this – details should be in your contract. However, there may be other circumstances in which you can cancel your contract free of charge: for example, if you have paid by credit, signed the contract in your own home, or ordered the service by post, phone or over the internet.

If any of these circumstances apply, you should talk to an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

If you do decide to cancel your mobile phone contract, contact the mobile phone company and let them know. Confirm the cancellation in writing.
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Yeh, sounds like you can.

Should just phone up CAB.
 
I was not told in writing i found the link today so does that rule cover them if the info is on there site for all to see?

Or is just a lesson learnt.
 
morgan25 said:
I was not told in writing i found the link today so does that rule cover them if the info is on there site for all to see?

Or is just a lesson learnt.
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If you bought it on a credit agreement you can cancel within 7 days (it might be up to 14 days) regardless of what their site says.
 
CAB would be no good they are shut for the weekend and i have had the phone a week next Tuesday. I only got it from else where because Orange did not list the Desire on there site.
 
I found this in there terms and conditions so i can send it back.


11.4. Subject to clause 11.5, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000)
who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel this Agreement
at any time up to 7 working d ays fro m the day after the first delivery attempt of the Equipment as long as you give us no tify us in writing
of such cancellation within the Trial Period. Please contact our customer services team and we will explain how to do this. We
recommend you enclose your Equipment (together with any accessories included in the price of your Equipment) undamaged with your
notice of cancellation, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation,
you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in
clause 8.1.1.1 at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us
and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the
costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price
or the handset-only retail price in the case of the Mobile Phone/Smart Phone). You must make the Equipment available for collection
on our request. Any sums paid by you for the Equipment (less our costs if we have to collect the Equipment from you) will be
reimbursed within 30 days. Please note that even though you may be able to cancel this Agreement pursuant to this Clause, you may not
be permitted to cancel your Airtime Contract under the terms thereof. Please refer to the terms of your Airtime Contract for further
information. This Clause 11.4 does not apply to a customer who purchases the Equipment for business purposes. This clause 11.4 does
not affect your statutory rights.
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