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Bought a mobile off Onestopphoneshop.co.uk, after tesing the phone i decided i didnt like it and wanted to return it and cancel my contract.
I put my old sim card (so not to use any calls on the new sim) in it and rang them up about getting a refund, was on for phone 4 around 15 mins due to being put on hold, as well as this also recieved sum phone calls b4 packing the phone up as new and sending it back.
This morning a recieved a phone call from onestop stating that "the phone had been used for 20 mins of phone calls, and as there contract states all phones must be returned in the cooling off period UNUSED" they have told me I have to see out the 12 month contract or pay £400 and buy the phone or they will take legal action against me.
I only had the phone 4 a couple of days, I was under the impresion that a cooling off period for distance sales meant that as long as i returned it in 7 days i would be okay,
any help would be much appreciated.
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Posted: 2005-02-02 15:04:03
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You can always reset the call counters...
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Posted: 2005-02-02 15:14:39
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It seems that is the terms of their cooling off period. See
here
'Cooling-Off Period'
All phones are sold with a 14 day cooling off period (except T-mobile and upgrades, which have seven days). Please note that to take advantage of this, the phone must not be used and returned to us in its original condition for a full refund. Some networks offer trial periods - please see our terms and conditions for more information
some other companies don't have this requirement. Not sure whether this is against the statutory law for cooling off periods so might be best to check with consumer affairs
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Posted: 2005-02-02 15:15:31
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Quote:
On 2005-02-02 15:14:39, Krubach wrote:
You can always reset the call counters...
But i dont think we can reset the counter in the service menu
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Posted: 2005-02-02 15:15:59
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What phone was it? Hmmm... Anychance of selling it and putting the money towards the £400?
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Posted: 2005-02-02 15:19:40
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Sony ericsson s700i, they go for around £250 on ebay
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Posted: 2005-02-02 15:45:41
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Master reset should do it but pretty pointless now
Good luck as i dealt with a similar problem.
This message was posted from a T610
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Posted: 2005-02-02 16:23:53
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thanx for the help so far,
surely the company cant add this "equipment has be be unused policy" to there cooling off period, ive been on every consumer website i can find and they all state
"The consumer has an unconditional right to withdraw from a distance
contract within a cooling off period of seven working days and to have a refund of money paid"
Does any1 know if they can just change it?
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Posted: 2005-02-02 16:30:09
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Gee... great cooling off period. How the hell are you meant to test the phone to see if its good... ie. quality etc.
Stupid company
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Posted: 2005-02-03 11:05:36
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I was called by a company called Connect U Direct last Monday & offered the sony ericsson K608i & a contract with 3 I agreed(I SO I wish I hadnt)was charged 9.99 delivery & the phone arrived 2 days later. I didn't like the fone & after talking to vodafone(my network)decided to return the fone & cancel the contract! I tried calling 4 times, leaving messages for someone from the returns dept to call me back(no one called me back)on the 4th try I spoke with someone;most unhelpful saying that I couldn't return the fone as I'd opened the box, state their terms & cons saying the fone can only be returns unopened!!!! Well HELLO how do u know if u want or like the fone if u dont open it???? So I contacted South West Consumer Direct(trading standards)& told them what had happen & was told that under new reguations; Consumer Protection(distance selling)REG2000 I have 7 days from after reciept of goods to return them regardless of condition. I put this in writing to Connect U Direct, but their still saying that its open therefore 2nd hand. So have been back n touch with trading standards & once again they've told me to write to both connect u & 3 stating that I want to cancel this contract,so I have they will recieve the letters today.......if I don't reach a satisfactory outcome I have been advise to contact OTELO the ombusman for telecommunications. This most stessful EVERY other mobile store,network & agent seem to adhere to the industry standard 14 days cooling-off regardless of the box being opened!!!! SO DONT DEAL WITH THIS COMPANY!!!!!!!
[ This Message was edited by: bayangel on 2005-12-19 10:09 ]
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Posted: 2005-12-19 11:05:18
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