mobile phone contract cooling off

sebastianlieken

Hey all, wondering if you could point me in the right direction.

Mum upgraded her phone & contract in Carphone warehouse (with vodafone) 5 days ago thereby signing up for a new 24 month contract.

The problem is that she's moving to Spain next month and didn't understand what she was getting herself into.

Can she get out of this contract as she's in cooling off period of sorts?

former legend

Did she actually buy in store and receive the phone there and then?

Cooling off period usually only applies to distance selling.

theteal

Check the contract op. It's been over 3 years since I worked in the business but the competitor company I worked for did have a fairly simple and straight forward 14 day cooling off period.

What former legend refers to above is the distance selling regulations which is a 7 day returns period.

sebastianlieken

thy bought in store so the distance selling act doesn't apply. I just wonder if theres like a general consumer right to change your mind on a 2 year contract after a couple of days. She honestly didnt have a clue what she was signing up for and I feel like her ignorance was taken advantage of.

dudara

There is a cooling off period available when you take out a loan or arrange insurance. But that's for financial products, don't know if that applies to this kind of service.

pleasant Co.

theteal wrote: »

Check the contract op. It's been over 3 years since I worked in the business but the competitor company I worked for did have a fairly simple and straight forward 14 day cooling off period.

What former legend refers to above is the distance selling regulations which is a 7 day returns period.

Just a quick correction on that, it's 14 days (stating from the day of delivery)

Sonics2k

sebastianlieken wrote: »

thy bought in store so the distance selling act doesn't apply. I just wonder if theres like a general consumer right to change your mind on a 2 year contract after a couple of days. She honestly didnt have a clue what she was signing up for and I feel like her ignorance was taken advantage of.

Depends on the network really. Some networks allow a chance of mind, others don't, but they are under no obligation to provide one.

She should really get in asap to sort it.

mad muffin

If the box for the phone has been opened and the phone used, then no. If the phone unused, there might be a slight chance.

delahuntv

pleasant Co. wrote: »

Just a quick correction on that, it's 14 days (stating from the day of delivery)

correct - changed from June 1st (I think) and applies to goods and services with a few exceptions, howver it applies to online / phone / mail order sales only.

There is no cooling off period for a contract signed within a store. - Possibly you could contact vodafone and see if the contract can be moved to their spanish arm?

athtrasna

If she got it in store she should have been given a copy of the contract. All the info should be in there.

wmpdd3

there was always a cooling of periods of 14 days with a mobile phone contract as it came under the consumer credit act. but it is a long time since I worked in a mobile shop.

pleasant Co.

delahuntv wrote: »

correct - changed from June 1st (I think) and applies to goods and services with a few exceptions, howver it applies to online / phone / mail order sales only.

Absolutely right, it's for distance selling, as already noted in the discussion :pac:

sebastianlieken

Well she's going in today to see if the vodafone staff will do anything about it. Seeing as they have no obligation to do anything, I highly doubt they will. I'll report back when I hear anything.

JimsAlterEgo

sebastianlieken wrote: »

Well she's going in today to see if the vodafone staff will do anything about it. Seeing as they have no obligation to do anything, I highly doubt they will. I'll report back when I hear anything.

was she clearly told she was entering a contract? If not she may have a case?