carphone warehouse no return complaint

[sazzychloe]

I got a phone on contract with cpw online . It was an earky upgrade and paid a fee. And when got goods etc. I noticed it wasn't on 02 refresh. So I rang them and they said that because I paid a fee and upgraded a month early then it's not their policy to allow refund return etc.
I told them that on the phone when ordered I specifically asked that if I wasn't happy could I return and she sed yes within 14 days.
now cpw are saying that I have to put a complaint in so they can listen to the phone conversation when I ordered and see who is right or wrong . But this is 15 days and in that time I will be over my 14 days.
Please can anyone advise

[teaboy2]

Re: carphone warehouse no return complaint

As far as i see it, you bought an upgrade package and the fee was for the handset itself, not the package. Distance selling applies to anything purchased online including phone upgrades.

Contact them again and state their is nothing stating the upgrading of mobile phone handsets online are exempt from distance selling regulations. Therefore you wish to cancel, as per your right, since your payment was for the handset itself and extension of current contract, and no such upgrade per se actually exists, as its is merely a terminology used by companies. And if they refuse, you will make a formally complaint to Trading Standards, and will instruct your card company, via a section 75a charge back request, to reclaim sums paid.

[sazzychloe]

Re: carphone warehouse no return complaint

As far as i see it, you bought an upgrade package and the fee was for the handset itself, not the package. Distance selling applies to anything purchased online including phone upgrades.

Contact them again and state their is nothing stating the upgrading of mobile phone handsets online are exempt from distance selling regulations. Therefore you wish to cancel, as per your right, since your payment was for the handset itself and extension of current contract, and no such upgrade per se actually exists, as its is merely a terminology used by companies. And if they refuse, you will make a formally complaint to Trading Standards, and will instruct your card company, via a section 75a charge back request, to reclaim sums paid.

The fee unpaid was for ending my previous contract earky.

Paid £30 don't even want it back just want to be able to cancel the lot

[teaboy2]

Re: carphone warehouse no return complaint

Right i see, so its not an upgrade, but basically its a new contract completely. Doesn't matter though, your still entitled to cancel, so do as i said above, but make the obvious changes.