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Meteor upgrade

  • 23-07-2012 4:34pm
    #1
    southeastg
    Registered Users, Registered Users 2 Posts: 78 ✭✭


    Hi everyone,

    Got an upgrade on my meteor bill pay phone at the end of the 18 month contract, the upgrad was a Nokia 800 and cost me €100. By accepting the upgrade I extended the contract for another 18 months. That was on the the 13th of this month. Since one of the lads in work got the same phone on a new contract for €30. With a cheaper monthly tariff. Do I still have time to cancel and give the phone back?


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    What does your contract say ref cooling off?

    No idea on the legal side I'm afraid but that's the place to start.


  • #3
    Spocker
    Moderators Posts: 6,900 ✭✭✭Spocker


    I stand to be corrected, but if you signed the contract instore, then there is no cooling off period. if you (re-)signed up online or over the phone, then Distance Selling Regulations apply, and you have 7 days from receipt of the phone.


  • #4
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    southeastg wrote: »
    Hi everyone,

    Got an upgrade on my meteor bill pay phone at the end of the 18 month contract, the upgrad was a Nokia 800 and cost me €100. By accepting the upgrade I extended the contract for another 18 months. That was on the the 13th of this month. Since one of the lads in work got the same phone on a new contract for €30. With a cheaper monthly tariff. Do I still have time to cancel and give the phone back?

    If you upgraded over the phone or online AND iof you have opened the phone packaging and/or used the phone, you are out of luck for cool off period.

    So... You were happy to upgrade with the conditions at the time?
    You are just pissed that someone else got a better deal than you?


  • #5
    southeastg
    Registered Users, Registered Users 2 Posts: 78 ✭✭southeastg


    RangeR wrote: »
    If you upgraded over the phone or online AND iof you have opened the phone packaging and/or used the phone, you are out of luck for cool off period.

    So... You were happy to upgrade with the conditions at the time?
    You are just pissed that someone else got a better deal than you?

    Ya that's about the size of it mate, I knew I shouldn't have taken it but I saw a shiny new phone in front of me. Stupid I know,

    Anyway looking past my stupidity I don't want the phone or the contract what are my options here? Is there any way out of the contract? Any help is appreciated


  • #6
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    It's four days since you originally posted. You are not doing yourself any favours by delaying this.

    I need you to be exceptionally specific. Did you upgrade in store, online or over the phone? And exactly what date did you receive the phone [not interested in when you upgraded, if the date is different]?


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  • #7
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Sounds like you are out of luck. You entered a contract, sounds like a valid contract to me. Change of mind does not get you out.


  • #8
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    Oryx wrote: »
    Sounds like you are out of luck. You entered a contract, sounds like a valid contract to me. Change of mind does not get you out.

    If over the phone or online,. the Distance Selling Directive kicks in giving OP 7 days from receipt of product to change mind. OP has wasted at least 4 of those already.

    Tick tock.


  • #9
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I thought you could take the product out of the packaging for testing purposes.

    EDIT: Maybe maybe not I can't see it but your boned anyway (probably)

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

    Ref provision of service has already commenced.


  • #10
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    Maybe, Maybe not indeed. I can't find reference to not being able to inspect the product in the directive.

    I think the main question is, is this a service sale or product sale. Sort of looks like both. This will determine when the 7 days cool off starts.

    EDIT : Contract was entered into 10 days ago. If considered service, yer fooked. If a product, you may still have a day or two.


  • #11
    southeastg
    Registered Users, Registered Users 2 Posts: 78 ✭✭southeastg


    Hi guys , upgraded in store and got the phone in store, it was Friday the 13th.


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  • #12
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    southeastg wrote: »
    Hi guys , upgraded in store and got the phone in store, it was Friday the 13th.

    Nice irony. No you're screwed then. (Probably)

    Suggestion: Maybe try negotiating with them over the phone - you may have to give in someway like a longer contract term.


  • #13
    southeastg
    Registered Users, Registered Users 2 Posts: 78 ✭✭southeastg


    Just a thought guys my old contract wasn't due to end till the 25 th . When I enquired in store they said I could get my upgrade sooner if i rang customer service, does that make any difference?


  • #14
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    southeastg wrote: »
    Just a thought guys my old contract wasn't due to end till the 25 th . When I enquired in store they said I could get my upgrade sooner if i rang customer service, does that make any difference?
    Wouldn't think so.


  • #15
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Oryx wrote: »
    southeastg wrote: »
    Just a thought guys my old contract wasn't due to end till the 25 th . When I enquired in store they said I could get my upgrade sooner if i rang customer service, does that make any difference?
    Wouldn't think so.

    May have done if it was done over the phone/web and you hadn't opened the phone but that's not the case.


  • #16
    southeastg
    Registered Users, Registered Users 2 Posts: 78 ✭✭southeastg


    So in a very polite way guys your saying you made your own bed now lie the F@&k down,,, lol I posted a message up in the meteor forums to see. Contracts are legally binding who would have tunk it


  • #17
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    southeastg wrote: »
    So in a very polite way guys your saying you made your own bed now lie the F@&k down,,, lol I posted a message up in the meteor forums to see. Contracts are legally binding who would have tunk it

    Contracts can be renegotiated - shop around next time you are in the stronger position before you sign. Posting on the forums is high risk - may be someone is out for some good PR but its more likely you need to do this in private so they can avoid every Tom, dick and Harry looking for the same deal.


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