noshua
Member
Registered: 19th Nov 08
User status: Offline
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Right, mates just bought a phone contract from a high street store (one of those shitty ones like Mobiles2YourFace) and is tied into a 24-month contract. He now wants to cancel it...
Am I right in thinking he has a 14-day guarantee in which he can cancel it for whatever reason he wishes? Obviously as long as the phone is in it's original condition and the account doesn't have any balance on it (calls, texts, data, etc)?
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ryzer
Member
Registered: 18th Mar 03
Location: Berkshire Drives:UGLY MUG
User status: Offline
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yeah should think so, depends on the contract, why did he sign if he didnt want it?
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noshua
Member
Registered: 19th Nov 08
User status: Offline
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thanks.
he thought it was a good deal until he got home and i worked it out and showed him he was paying a bit over the odds!
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Matt L
Member
Registered: 17th Apr 06
User status: Offline
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yeh you have 14days aslong as nothing as has been sent/received on the phone and the phone is in original condtion.
I wanted to cancel my contract with 3 but when i turned the phone on and setting it up (to see what the phone was like) it automatically sent a text to nokia club or something so they wouldnt let me cancel it.
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stu_c
Member
Registered: 11th Dec 07
Location: Westleigh, Greater Manchester
User status: Offline
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you can take it back with 14 days and whateva he has used within the period he has had the phone he will get billed for
but yes he has 14 days
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noshua
Member
Registered: 19th Nov 08
User status: Offline
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thanks 
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noshua
Member
Registered: 19th Nov 08
User status: Offline
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went to take the phone back today and they said they can't cancel it, but didn't give a reason why.
is there anything I can print off to prove that my bro is still within his rights to cancel?
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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He's not within his rights to cancel. You are protected by such a period if the transaction took place remotely, ie. over the phone but not if you walk in the shop and do the deal.
You need to prove breach of contract which unless the goods are faulty won't generally be applicable.
You are confusing the industry norm with your legal rights and the two are not the same. Just because most reputable retailers will endorse requests like this above and beyond their legal obligation doesn't mean it suddently becomes a right and you're able to exercise it everywhere.
The best case you have is to ask them nicely to look upon your case favorably. You have no protection in law in this case.
[Edited on 17-07-2009 by Ian]
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