Cancel Phone Contract Using Distance Selling Regulations

[Cattolica]

From what you have quoted you obviously still have not done enough research. I'm sorry it's upset you but no matter how many points you want to clarify, facts are facts.

 

What next? My dad is bigger than your dad!!

[barracad]

My dad is bigger than your dad!!

 

What's that got to do with anything.

 

I've just pointed out, that what you have posted is in fact incorrect. As you don't seem to want to believe me, I've given you the contact details for Royal Mail so you can confirm this for yourself - I can assure you it is absolutely 100% correct and I wouldn't post it otherwise.

 

And to prove it, item ZC622075673GB was delivered in bulk - 7 items delivered together but only 1 signature taken. If you think this is an anomally then I have another 10,000 examples of this.

 

You can either accept what I'm saying, contact Royal Mail for yourself who will confirm what I am saying is correct, or you can continue to post details which are inaccurate.

 

It's up to you.

 

 

Also, if you google 'Distance Selling Regulations' you will find the exemptions which I have detailed earlier.

[Cattolica]

'What's that got to do with anything.'

 

That's a polite way of saying 'Will you get a life!'

 

 

What I have posted is advice from experience that is used within my company, this method covers both my clients and myself. The advice given is tried and tested otherwise it wouldn't have been posted, gained from experience over many years.

 

I really do not understand you getting your knickers in a twist over postage, hence the 'will you get a life' remark. As I have said please refer to Royal Mail, Modorator or not, you will find you are in error.

 

As far as the posting from the original subject of this thread, DSR, the quotes given were taken from a CPW T&C I have in my desk drawer from November 2006. So I think I can talk from both fact as well as personal experience.

 

There are exemptions, I agree, but not in the case of online/phone mobile contracts. Check CPWs own web site.

[sezchwarn]

[quote=

 

 

That's not quite correct. As stated in #3 - services that begin, by agreement, before the end of the cancellation period, are exempt from Distance Selling Regulations - providing the supplier has informed the consumer before the conclusion of the contract that he will not be able to cancel once performance of the services has begun with his agreement.

 

Sorry, it's a fact.

 

jActually, thats not quite correct either. A further proviso is that he does it in writing and also provides other info in writing as well. So in my particular case, its not exempt.

[corcorans1]

Hi

I am totally confused with this!!der!!!

 

my partner brought a phone from phones 4u and missed sending his cash back form in by a couple of days.

they have now honoured to pay one of the payments but not the other.

 

he therefore got so fed up he did not pay his bill to o2, thats not the actual call charges he made just the allowance charges. so he has not

actually used anything he has not paid for.

 

the contract has phones for you on it so can he cancel with o2 or is he contracted to them as a seperate company. they are now asking for the full rental costs for a year and cost of the phone. he did not want to cancel the agreement but was so fed up with the way phones for you treated him decided to withhold payments.

 

can anyone advice me?

[buzby]

There are two issues here - his problem with P4u and his legally binding contract with O2. He cannot set-off one against the other so O2 will not accept that his dispute with P4u has anything to do with him not paying his invoice. P4U is simply the sales agent for O2, and the latter will simply close his account in default and send the file to debt collectors for recovery, whilst simultaneously marking him as being in default on his credit record. It is easier to resolve issues like with from within, than whilst in default, so if he can he should immediately pay what O2 is owed and get the phone working on the network again, and take the matter up with P4u as a dispute.

[sezchwarn]

To clear up the confusion- we were talking about cancelling the contract using the DSR. But you can only do that if youve just bought the phone, so they wouldnt help your partner.

 

Thats how these companies work- they say they'll give you something if you agree to a contract with another seperate company (o2). This way, if they (Phones4u) dont give you what they said they would, youve got nothing on them.

 

Really, all your partner can do is try and smooth things over with O2- pay any previous bills and promise to pay future ones.

 

As for Phones4u- to be frank there's nothing you can do as its part of the deal that you send the bill back in time. You could argue with them but I think its highly unlikely theyd pay anything, and youd be wasting court fees if you tried to sue. Id just leave it- arguing will only anger them and make them less likely to pay the next cashback. Your partner will have to be more organised or resist the lure of cashback offers!

[lawbunny]

I work for a mobile phone company (I'm not saying which one, for fear of hate mail lol), and to my understanding (or at least the way our company handles this) is that the 7 day Distance Selling Regulations apply from the date you recieve your phone, or the date that you actually recieve the letter from them telling you about DSR, whichever is the later. As for the dodgy clause in the T&Cs about waiving this and backdating the start date, the T&Cs cannot override your statutory rights.