Help needed!!! Please!!!

[kaibex]

Hi all,

he situation I have is that I am currently in dispute with Carphone/O2 over cancelling an upgrade I ordered over the phone from Carphone Warehouse.

I pre ordered the 4S for delivery on launch day, due to CPW not addressing the package correctly the phone reach Yodel's central depot, then went no further.

When I found this out (around 2pm on the 14th) I was advised by Carphone Warehouse that they would need to investigate why this happened, which could take 2 or 3 days then attempt to get the phone delivered to me. I then responded by requesting to cancel my order. They agreed and said they would request the package back from Yodel, then when received (mon 17th or tuesday 18th) they would cancel my order.

I received confirmation that they had received the phone back today and had sent request off to O2 to reverse the upgrade. I enquired when the payment I made would be refund, the payment was for the handset cost and the fast track/early upgrade cost. They advised that they would refund handset payment but I would need to liase with O2 regarding the fast track upgrade fee being returned.

I then contacted O2, who not only advised me that they would not refund any payments, they also stated that fast track upgrades came with no cooling off period. As I purchased over the phone, I'm sure this is against the distance selling regulations, as they state that the consumer has a 7 day cooling off period.

Carphone Warehouse already have the phone, so as they have accepted the return, I believe this will help my case, hopefully.

Sorry for the essay, I would appreciate any advice if you have any experience in a case like this, or a full understanding of any exceptions to this law.

Thanks

 

[kaibex]

Any advice would be appreciated!

 

[jj48]

I do not know for sure about the rules regarding the 'cooling off period'. However I would suggest (if you can stomach it), scanning through O2's terms and conditions to find this information for yourself. It certainly sounds to me like something that ought to be included, as nearly all contracts I have come across (broadband, utilities etc.) give you the right to cancel within a certain time-frame.

I have spoken to O2 before about a different issue that I wanted sorted and ended up getting contradictory advice from customer services and O2 store staff. Therefore I would recommend speaking to them again to confirm, perhaps in-store.

 

[kaibex]

I do not know for sure about the rules regarding the 'cooling off period'. However I would suggest (if you can stomach it), scanning through O2's terms and conditions to find this information for yourself. It certainly sounds to me like something that ought to be included, as nearly all contracts I have come across (broadband, utilities etc.) give you the right to cancel within a certain time-frame.

I have spoken to O2 before about a different issue that I wanted sorted and ended up getting contradictory advice from customer services and O2 store staff. Therefore I would recommend speaking to them again to confirm, perhaps in-store.

O2 NOW have it on their site but it is not on Carphone Warehouse's site. I believe O2 have updated this with the 4S fast track policy but Carphone Warehouse seem to know nothing about this so I will deal with them tomorrow. Ultimately fault lies with Carphone Warehouse as they sold the phone and said I could return in. Might just go in to one of their stores and call CS from there!!!