Ooops! Got a Small Problem and Need Your Help!

Shep_Cobain · 1 Apr 2008 at 10:07

Hi guys,

Last Tuesday i phoned DialaPhone and got an N95 8GB on an 02 contract.

600mins & 500txts for £31 a month - Phone is free.

I got the phone yesterday as i have just got back from Holiday. As i opened up the Royal Mail Special Delivery bag the N95 8GB box had a seal on it from DialaPhone. The seal was already broken and i took a photo (what good it will do i dont know?).

My little Problem:

I still have an 02 Simplicity sim card contract with 02. I phoned them yesterday to cancel it and as expected they asked why etc. I explained about DialaPhone offering me this deal and i went with them as the girl from 02 was rude to me when i asked about the N95 8GB (it was out of stock and she was treating me like i was a kid).

So the guy at 02 whom i spoke to offered me the N95 8GB free of charge with 600mins and unlimited txts with a free Bolt on of my choice. (i would choose the unlimited web browsing one).

They told me that i should phone DialaPhone as i should have 14days to return my phone and cancel my contract if i want.

So.... i got all my DialaPhone gear together.... Phone, manuals etc. I then read that DialaPhone only do returns within 7 working days and if the seal on the box hasnt been broken and the Phone hasnt been switched on.

Soooooooo...... As above.... the seal was broken on the box when i got the phone, the phone has been turned on but.... it looks brand new and not a mark on it as i have used it once. Ive made one 10 second phone call to test the phone.

So... what are my chances sending it back and canceling my contract? I dont want to phone them and mess up by saying the wrong thing and ruining my chances of canceling.

Please help ASAP as i need to send the phone off tomorrow by the latest.

GuruJockStrap · 1 Apr 2008 at 10:34

I think all the phones I've ever ordered online came with the security seal broken.

The shop you purchase the handset from do this so that you don't recieve a sealed boxed, phone them up and complain that you never recieved the handset in the box. They open it at their end to confirm the handset is present before shipping.

You should've read the terms and conditions on the site that you agree to when you made the purchase.

Saying that, I'm pretty sure you could still return it. I'd wait for a more knowledgable person to come along.

Shep_Cobain · 1 Apr 2008 at 10:40

GuruJockStrap said:
I think all the phones I've ever ordered online came with the security seal broken.

The shop you purchase the handset from do this so that you don't recieve a sealed boxed, phone them up and complain that you never recieved the handset in the box. They open it at their end to confirm the handset is present before shipping.

You should've read the terms and conditions on the site that you agree to when you made the purchase.

Saying that, I'm pretty sure you could still return it. I'd wait for a more knowledgable person to come along.

Cheers for the reply though matey.

The only thing that is noticeable about the phone being used is the fact that ive turned it on. The phone still has the screen cover etc and ive had it in a plastic case so it doesnt scratch. Should i phone them and tell them the seal was broken when i returned from holiday and say im sending the phone back (unused). If they say ive turned it on just deny all knowledge and say i used the sim card in my old phone as i didnt want to turn the new one on?

Shep_Cobain · 1 Apr 2008 at 11:21

semi-pro waster · 1 Apr 2008 at 11:59

Well I'd say you should be looking to the Distance Selling Regulations here, the full regulations are located at the Opsi website or look to the OFT website for a simplified guide. However the essential point(s) are that they cannot derogate out of them and you have a minimum of 7 days in which to make it clear you are cancelling, the main point of the DSRs is that you can inspect and to a limited degree also test the product to ensure it is fit for purpose - you cannot do that without switching the phone on (it gives you at least the same chance as you'd have to inspect in a shop personally) so I'd be politely telling Dialaphone to sort themselves out. You don't have to return the goods yourself (although in this case I'd suggest that you might want to at least to expedite the matter), you do have to make it clear that you do not accept the goods and wish to cancel, this will also have the effect of cancelling the consumer credit arrangement you have with them.

There are limited circumstances under which the DSRs would not apply (personalised goods, items which cannot be returned or are perishable etc) but this isn't one of them.

Shep_Cobain · 1 Apr 2008 at 12:06

semi-pro waster said:
Well I'd say you should be looking to the Distance Selling Regulations here, the full regulations are located at the Opsi website or look to the OFT website for a simplified guide. However the essential point(s) are that they cannot derogate out of them and you have a minimum of 7 days in which to make it clear you are cancelling, the main point of the DSRs is that you can inspect and to a limited degree also test the product to ensure it is fit for purpose - you cannot do that without switching the phone on (it gives you at least the same chance as you'd have to inspect in a shop personally) so I'd be politely telling Dialaphone to sort themselves out. You don't have to return the goods yourself (although in this case I'd suggest that you might want to at least to expedite the matter), you do have to make it clear that you do not accept the goods and wish to cancel, this will also have the effect of cancelling the consumer credit arrangement you have with them.

There are limited circumstances under which the DSRs would not apply (personalised goods, items which cannot be returned or are perishable etc) but this isn't one of them.

So should i phone them first?

Basically you are meant to just send the item back with the returns form via Royal Mail Special Delivery. However, i know that if i just send it back stating i want to cancel they will just send it back to me.

So if i phone and let them know i am sending it back and the reason why (just say i understand i have a 7 day period in which i have a right to cancel and i wish to do so, if they start asking why... i can just say im not happy with the deal and the phone).

Would this be ok?

semi-pro waster · 1 Apr 2008 at 12:11

That should be fine, just make it clear that you wish to cancel your contract in accordance with your rights under the DSR. I personally wouldn't be happy just sending something off and hoping that it would arrive safely and they would then follow all necessary procedures which is why I'd call to inform them of my rejection/cancellation of the contract first.

Shep_Cobain · 1 Apr 2008 at 12:13

semi-pro waster said:
That should be fine, just make it clear that you wish to cancel your contract in accordance with your rights under the DSR. I personally wouldn't be happy just sending something off and hoping that it would arrive safely and they would then follow all necessary procedures which is why I'd call to inform them of my rejection/cancellation of the contract first.

Your a champ buddy!

Ill ring now and let you know how i get on.

Shep_Cobain · 1 Apr 2008 at 12:41

Bloody Hell!

I got the phone number off the website for pay monthly and its all the crappy voice activated stuff where you say what the problem is and the robot at the other end passes you around. However when i choose the returns option it just give me the details that are on the website and then hangs up.

I cant get to speak to anybody direct?

Does anyone have a number for them?

or Should i send the phone with a letter enclosed?

Shep_Cobain · 1 Apr 2008 at 14:16

Right then, i managed to speak to somebody @ dialaphone and they told me id be best emailing their customer support.

so i did:

Dear Dialaphone,

I ordered a phone from you last Tuesday and it was delivered on Wednesday. Unfortunately I was not in to receive the phone and it was collected from the Royal Mail Parcel Depot on Thursday.

I went on holiday on Wednesday and returned late Sunday evening. The phone was waiting for me which was collected by a family member. The phone was still in the Royal Mail Special Delivery bag and hadn’t been opened by anybody except myself. When I went to open the bag I noticed the phone box had a seal on it which was already broken. I noticed the seal stated if it was broken then I couldn’t return my phone to you.

I left the phone in the box and took the sim card out. I placed the sim card in my other mobile phone and tested to make sure the contract/line had been activated - which it had been.

The reason I am cancelling my contract is due to me getting a new work's mobile phone. I understand I have a 7 Working Day policy to return the phone and cancel the contract. I phoned 02 to make sure this was possible if I was to send the phone back to DialaPhone tomorrow (my only day off). 02 informed me that in actual fact no matter what DialaPhone say I have 14days to cancel my contract.

So before I send the phone back to your returns department I want to make sure that you are aware that the seal was already broken on the box and that sim card has been used in my secondary mobile phone. I have contacted trading standards and 02 who both have informed me I am well within my rights to cancel the contract and return the phone to you.

I have tried phoning yourselves to discuss this matter but I get passed around by a Voice Activated Robot called Rachel. I understand I need to send the phone back to you via Royal Mail Special Delivery, but I want to make sure you fully understand the situation so you don’t end up sending the phone back to me telling me the seal was broken and there is nothing you can do.

Could you please email me back regarding this matter or contact me by phone

All i need to do now is wait for a reply!

Shep_Cobain · 2 Apr 2008 at 16:15

sent the phone back with a letter as the response to my email was just an automated cancellation email.

I hope they dont just send the phone back... because if they do what do i do then?

I cant physically speak to anyone re: cancellations at Dialaphone direct and need to email or write letters!

Gman · 2 Apr 2008 at 22:30

I would have just got any old general number for Dialaphone then whoever you get through to say you were through to cancellations and got cut of can you put me back through.

matt100 · 3 Apr 2008 at 19:47

*****************************/companysearch.php

then look for dialaphone.

You legally have 14 days cooling off period, thats just standard so you need to get the phone back to them within 14 days if they won't answer the phone, make sure you have it very very well insured as that phone is worth £500.

Phones 4U own dialaphone now so if all else fails you can boot off at them and they should have contacts.

Shep_Cobain · 5 Apr 2008 at 00:40

soooo..... my phone has been returned to me. Looks like it hasnt been cancelled!!!

Its currently at the postal depot... ill collect it tomorrow morning before work. I bet there is no explination... just a phone!!!

I dont know what my next steps will be :s

matt100 · 5 Apr 2008 at 00:47

well that big starred out thing in my post is a site that advertises geographic numbers for 0870s, I guess ocuk don't want theirs advertising! lol!

jhmaeng · 5 Apr 2008 at 01:29

matt100 said:
You legally have 14 days cooling off period, thats just standard so you need to get the phone back to them within 14 days...

No, you don't. The Distance Selling Regulations specify 7 working days for you to notify the seller. The 14-day period is simply a common practice amongst networks, but is not a legal right and some networks (such as T-Mobile) do not have anything above the minimum set by the DSR for returns.

ste_bla · 5 Apr 2008 at 02:53

Surely you wave the right to the DSR once you start your 12 month contract by making a call? Unless you used another sim?

matt100 · 5 Apr 2008 at 08:54

jhmaeng said:
No, you don't. The Distance Selling Regulations specify 7 working days for you to notify the seller. The 14-day period is simply a common practice amongst networks, but is not a legal right and some networks (such as T-Mobile) do not have anything above the minimum set by the DSR for returns.

yikes, you're right.. I always thought it was 14 days with contracts of any sort.. not sure how I got that into my head tbh!

still, 7 days DSR still stands.

Plus DAP aren't evil, if the OP works harder at actually speaking to them it should get sorted.

Shep_Cobain · 5 Apr 2008 at 09:18

I had made a 2 second phone call to test the line on the new sim card but not on the new phone. The new phone has never been used. It has been returned to me as i guessed and with a little crappy photocopied letter saying:

Dear Mr Shepherd,

You recently returned a mobile phone to us under our 7-day peace of mind guarantee.

Unfortunately we are unable to accept this mobile phone back because the mobile phone was not returned to us in its original condition.

In the returns documentation sent to you with the mobile phone - and thi is stressed again when customers call in for a returns authorisation code - we make it very clear that 7-day returns can only be accepted if all the goods are received in their original condition.

Consequently, we are unable to disconnect the phone and you will be liable for the line rental payments.

Yours Sincerely

Customer Care Manager!

:O What do i say ... congrats to my self for getting shafted?

Theres nothing i can work harder at? I sent a very formal letter explaining the situation and why i want the contract cancelled. However i think they will just be a pain now as the 7days have now passed and i presume no matter how many times i send the phone back to them (£6.50 a time) with a letter or phone them it will just be returned to me!

atpbx · 5 Apr 2008 at 09:53

Shep_Cobain said:
I had made a 2 second phone call to test the line on the new sim card but not on the new phone. The new phone has never been used. It has been returned to me as i guessed and with a little crappy photocopied letter saying:

Dear Mr Shepherd,

You recently returned a mobile phone to us under our 7-day peace of mind guarantee.

Unfortunately we are unable to accept this mobile phone back because the mobile phone was not returned to us in its original condition.

In the returns documentation sent to you with the mobile phone - and thi is stressed again when customers call in for a returns authorisation code - we make it very clear that 7-day returns can only be accepted if all the goods are received in their original condition.

Consequently, we are unable to disconnect the phone and you will be liable for the line rental payments.

Yours Sincerely

Customer Care Manager!

Unless you try and brazen it out with a line manager over the phone to them, you are screwed.

This is why you-
Cancel first.
Then buy new contract.