Best course of action?

Question for a friend (yes, really!)

Her son lost a Samsung D900; she contacted her insurance company who
said it wasn't covered. She bought him a new phone - same model - to
replace it, on a Fresh contract, from Carphone Warehouse. Then the
insurance company changed its mind, and she's now received another
phone in the post.

She went back to CPW to try to return the phone she'd purchased there
and to cancel the contract. They had told her, when she bought it,
that she could cancel the contract within 14 days (that time will be
up on Monday). However when she went back, they said that there would
be a cancellation charge of £400. I suspect this is really them
charging her for the phone, since she'd be cancelling the contract,
but it doesn't sound like they were very clear and she got the
impression it was Fresh charging this.

So she now has two Samsung D900s, one on a contract (18 months) with
Fresh (which is apparently costing of £20/month, but doesn't include
any calls?) and the other... I'm not sure if it's on a contract or
payg.

What she wants to do is sell one of them to cover part of the cost of
paying the contract every month. CPW suggested she sell it on ebay,
but she has no account on ebay and I wondered if selling it there
would be worth it even if she did.

Anyone have any ideas about how she can recoup some of her money, or
extricate herself from this? Yes, she knows she's not been too savvy
about all of this, and yes, I've made her promise not to buy a phone
again without taking a grown-up ;-)

TIA
--
KVL

On Sat, 11 Nov 2006 14:12:01 -0000, K <me@mailinator.com> wrote:

>Question for a friend (yes, really!)
>
>Her son lost a Samsung D900; she contacted her insurance company who
>said it wasn't covered. She bought him a new phone - same model - to
>replace it, on a Fresh contract, from Carphone Warehouse. Then the
>insurance company changed its mind, and she's now received another
>phone in the post.
>
>She went back to CPW to try to return the phone she'd purchased there
>and to cancel the contract. They had told her, when she bought it,
>that she could cancel the contract within 14 days (that time will be
>up on Monday). However when she went back, they said that there would
>be a cancellation charge of £400. I suspect this is really them
>charging her for the phone, since she'd be cancelling the contract,
>but it doesn't sound like they were very clear and she got the
>impression it was Fresh charging this.
>
>So she now has two Samsung D900s, one on a contract (18 months) with
>Fresh (which is apparently costing of £20/month, but doesn't include
>any calls?) and the other... I'm not sure if it's on a contract or
>payg.
>
>What she wants to do is sell one of them to cover part of the cost of
>paying the contract every month. CPW suggested she sell it on ebay,
>but she has no account on ebay and I wondered if selling it there
>would be worth it even if she did.
>
>Anyone have any ideas about how she can recoup some of her money, or
>extricate herself from this? Yes, she knows she's not been too savvy
>about all of this, and yes, I've made her promise not to buy a phone
>again without taking a grown-up ;-)
>
>TIA


You can cancel the contract and phone within 14 days with no charge.
tell them to shove it .
--

www.ratrodz.co.uk

XJ900 Trike ** GS850 Trike
XV1000 TR1 Chop

obet@jryfutbi.pb.hx [Rot 13 it]

Some people are like slinkys....
no real use but it makes you smile when they fall down stairs!

In article <e1vbl2h1i8ofgu83g4kf6ipoit0ppr7oor@4ax.com>,
Borg@deadspam.com says...
> You can cancel the contract and phone within 14 days with no charge.
> tell them to shove it .

Even when the phone has been used?

--
KVL

me@mailinator.com declared for all the world to hear...
> In article <e1vbl2h1i8ofgu83g4kf6ipoit0ppr7oor@4ax.com>,
> Borg@deadspam.com says...
> > You can cancel the contract and phone within 14 days with no charge.
> > tell them to shove it .
>
> Even when the phone has been used?

Yes, normally. I'm not sure exactly what Fresh's terms are but as long
as the phone has not been physically damaged in any way then there's no
grounds for refusal to honour the 14 day money back policy (if Fresh
even have one).
--
Regards
Jon

On Sat, 11 Nov 2006 18:42:45 -0000, K <me@mailinator.com> wrote:

>In article <e1vbl2h1i8ofgu83g4kf6ipoit0ppr7oor@4ax.com>,
>Borg@deadspam.com says...
>> You can cancel the contract and phone within 14 days with no charge.
>> tell them to shove it .
>
>Even when the phone has been used?


yep even if it has been used, It's the contract you signed for the
phone is a bonus
--

www.ratrodz.co.uk

XJ900 Trike ** GS850 Trike
XV1000 TR1 Chop

obet@jryfutbi.pb.hx [Rot 13 it]

Some people are like slinkys....
no real use but it makes you smile when they fall down stairs!

In article <MPG.1fc0a2bf4ab4871d98a4f9@text.usenet.plus.net >,
spam@jonparker.plus.com says...
> Yes, normally. I'm not sure exactly what Fresh's terms are but as long
> as the phone has not been physically damaged in any way then there's no
> grounds for refusal to honour the 14 day money back policy (if Fresh
> even have one).

This gets more interesting...

The phone hadn't actually been used (I got that bit wrong) because it
was intended as a Christmas present. However since friend thought she
was stuck with it, she put it on to charge last night - and
discovered that the screen is damaged (not the outer cover, but the
inner bit).

She got the phone two weeks ago today (not Monday), so I think she
needs to phone Fresh and cancel the contract today? As for the phone,
since it's damaged, she can go down the SOGA route with it, and take
it back to CPW tomorrow for a "refund" (phone wasn't charged for
separately, so there isn't actually any money due back, but SOGA
allows for her to reject it iirc?)

--
KVL

me@mailinator.com declared for all the world to hear...
> She got the phone two weeks ago today (not Monday), so I think she
> needs to phone Fresh and cancel the contract today?

She needs to physically take it back if it was bought from a shop. Only
the dealer can cancel a contract if it was bought from a shop.

> As for the phone,
> since it's damaged, she can go down the SOGA route with it, and take
> it back to CPW tomorrow for a "refund" (phone wasn't charged for
> separately, so there isn't actually any money due back, but SOGA
> allows for her to reject it iirc?)

It won't do your cause any harm, but if Fresh have a 14 day cool off
policy then you must pursue that avenue. Check the T&Cs on your/her copy
of the contract.
--
Regards
Jon

Thanks for the replies on this. My friend couldn't get to CPW
yesterday (funeral to attend), but phoned them and spoke to the
manager, who mumbled a bit but didn't take long to agree when she
reminded him that the T&C allowed for her to cancel within 14 days.
The contract wasn't actually very clear on this, but I told her to
try to sound like she knew what she was talking about and rely on the
shop staff not being convinced they did ;-). Phone went back to the
shop today and the contract has been cancelled.

--
KVL