Can I return it?

The_KiD

The_KiD

The_KiD

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Joined
19 Apr 2006
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Location
West Yorkshire
I bought a mobile phone a few days ago on a T-Mobile contract from Carphone Wharehouse.

When I got it I asked if I had a "cooling off" of "grace period" in which i could return it if I didnt like it or couldnt get signal where I lived.

They pointed out with T-mobile from carphone wharehouse there is no cooling off period at all.

They did a check on the system which showed "good" signal where I live and excellent at work.

However I have no signal when at home, though it can sometimes just get one bar.

So even though they have told me I couldnt return it, do I have any legal right to return it as it doesnt work?
 
I'm pretty sure there has to be a 14 day cooling off period with any contract.
 
The_KiD said:
They did a check on the system which showed "good" signal where I live and excellent at work.

However I have no signal when at home, though it can sometimes just get one bar.
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Regardless of cooling off periods the phone is not fit to do the job you bought it for as you cannot get a signal at home, they told you signal quality was 'good' in that location, misinformation at best and a further reason for a return. They have no leg to stand on whatsoever and it is perfectly within your rights to return it.
 
Carphone warehouse told me there was a cooling off period at least a week when i took out the tmobile wnw N95 contract as did the t mobile customer service person when i gave my number port details.
 
Given that it doesn't work, I would have said you have reasonable cause to return it. I don't think there's a compulsary 14 day cooling off period though, if they told you they wouldn't accept returns then they have no reason to - I've heard people before say that T-mobile contracts can't be cancelled.
 
Not being harsh but if they said there was no "cooling off period" then i'd be either switching network or switching shop.
 
they just used t-mobiles coverage checker to check your reception, anyone can use it on the t-mobiles website, no idea where you stand as i know that the t-mobile contracts do clearly have stated on them that there is no 14 day exchange or refund with the t-mobile network.

your statutory rights might override that but you'll have to ask someone else.

I know that if you go through t-mobile direct and they use street checker then you can return it within 14 days but afaik that doesn't cover independents.
 
When i got my T-Mobile contract in March i did a signal check on their site at the same time. They did a guarantee where if the signal predictions were wrong they'd give me 14 days to return the phone. I bought it direct from T-Mobile though from the net.
 
A cooling off period I think only applies to financial products and/or products bought online or by mail order.
 
daz said:
A cooling off period I think only applies to financial products and/or products bought online or by mail order.
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That's the Distance Selling Act.
 
i doubt they would cpw is a pile of crap my mate works for them and is leaving at the begginning of may cos they are just crap whoever sold it you will try his best not to return it cos he'll lose his commision all they are a bout is £££ they don't really give a monkeys bout you or if u can actually use it !
 
I'm just wondering, do you live in like remote scotland or is tmobiles coverage terrible.
Seriously I've never known anywhere, mainland uk that I couldn't get a signal.

Anyway just stay in there til they make a compromise or something if you have to.
 
pitchfork said:
I'm just wondering, do you live in like remote scotland or is tmobiles coverage terrible.
Seriously I've never known anywhere, mainland uk that I couldn't get a signal.

Anyway just stay in there til they make a compromise or something if you have to.
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You don't have to live in a remote area to not get a signal, you just need a few hills in the way. My ex lived in a small valley, and there was at best a very weak signal in most of his house, but even half a mile away on flat ground, you could get a perfect signal.
 
I think they'll make a big fuss about giving you a refund, but you could always ask for an equivilant contract with a different network. If you're not happy with that though hold out for a refund!

I had a phone from them years ago and they told me there was no chance of a refund, but that i'd be able to change contracts/phones within the first 2 weeks.
 
DRZ said:
Surely the Consumer Credit Act applies here?
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Is it a credit agreement?
dunno.gif
(I honestly don't know)
 
daz said:
Is it a credit agreement?
dunno.gif
(I honestly don't know)
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I vaguely remember mine being one or something similar but tbh, I am not 100% sure.

Worth checking up on though because this is a potential avenue out of this!

Perhaps migrating this thread to Mobile Phones would get some more useful insight?
 
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