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Carphone warehouse contracts

Last post Thu, Apr 16 2009, 10:13 PM by fnarrr. 2 replies.
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  •  Thu, Apr 16 2009, 5:12 PM

    Carphone warehouse contracts

    Can anyone help? My daughter signed up to a mobile broadband deal (with laptop as part of the deal) through Carphone warehouse. After 8 days she contacted 02 on the number that she had been given at the CPW and found that she had already gone over her monthly limit(due to updating Windows, downloading anti-virus etc.) We went back to our local CPW to see if we could cancel the contract, as we were told on purchase it had a 14day cancelation period. The salesman that had served us was not working on that day, but another salesman informed that there was no such agreement and that she was stuck with the 24 month contract. We asked to speak to the manager and were informed that he was not in store but would be in the next day. On arriving the following day my wife told him what the salesman had said and he replied that he would not have said that, but he would try to contact him and come back and let her know. His manner was quite brusque and threatening and my wife told him so and asked him to sit down and talk to her, he refused. He went to phone the salesman up and vanished for an hour and a half. It was not until I asked another salesman to get him to come and speak to us that he returned, he was most unsympathetic and repeated that there was no 14 day (cooling off) period and refused to discuss further. We have spoken to the sales people at the 02 shop and they can do nothing for her as the contract was taken out with CPW, they were very helpful and allowed us to phone 02 there and then. We were informed that had she taken out a contract with them she would have had 30 days to cancel. Please can you advise what to do? I've even been into the CPW to see if we can just change to a different broadband package (paying for the laptop seperately) but they refuse to listen.
    • Post Points: 35
  •  Thu, Apr 16 2009, 9:12 PM

    Re: Carphone warehouse contracts

    Not sure if this will he but have you tried contacting Consumer Direct or Ofcom??

    Consumer Direct: www.consumerdirect.gov.uk/ TEL: 0845 040506

    Ofcom Helpsheet: click here

    I know that the law with a majority of purchased items have a 7 day rule for 'distance selling' but not sure if it would apply here. But I have heard that CPW try to get out of return policies like this!

    But the links that I've put on should help to point you in the right direction for making a complaint - usually after 14 days they try to get you to pay a cancellation fee however if you can prove that this was missold then you may be able to get this waived. All else fails try Watchdog as I know they had a thing about these USB Broadband sticks on their show not long ago & may still have details on their website. Sometimes even threateniing them with these regulators are enough!!!

    Hope this helps to get it sorted

    • Post Points: 5
  •  Thu, Apr 16 2009, 10:13 PM

    Re: Carphone warehouse contracts

    Unless CPW have specific trial periods or cooling off periods for mobile broadband then normal Distance Selling Regulations would apply. You can cancel before you actually start using the service but once you start to use the service you are deemed to have accepted the service -

    "services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement" http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/regulation-exceptions

    CPW Ts & Cs - If you are a private consumer you may cancel any purchase at any time within 7 working days from the day after completing your order for the Services (in respect of Services) or 7 working days from the day after receipt of the Goods (in respect of Goods) (“Trial Period”) without incurring any obligation or liability to us, however, you may not cancel any services once we have started to provide them with your agreement.

    • Post Points: 5