I received a 6120 on a 18 month contract today from 3. About half
of the calls I've made fail, so I want to return it under the 14
day peace of mind guarantee. When I phoned 3 for a returns number I
was told that because I had used this phone I could not return it!
What is the easiest way to return this without arguing for hours on
the phone with someone reading from a script?
John wrote:
> I received a 6120 on a 18 month contract today from 3. About half
> of the calls I've made fail, so I want to return it under the 14
> day peace of mind guarantee. When I phoned 3 for a returns number I
> was told that because I had used this phone I could not return it!
> What is the easiest way to return this without arguing for hours on
> the phone with someone reading from a script?
Just ring again and speak to someone that knows what they're
doing, of course you can return it, even if you have used the
phone, if not under the 14 day returns then under the 7 day
distance selling regulations.
--
xCx
*Disclaimer* My opinions are mine and I do not represent
anyone or any company.
On Tue, 16 Oct 2007 14:22:10 GMT, John <invalid@invalid.invalid>
wrote:
>I received a 6120 on a 18 month contract today from 3. About half
>of the calls I've made fail, so I want to return it under the 14
>day peace of mind guarantee.
Was this an upgrade on an existing contract or a wholly new contract
with 3? 3 on their web site do say "In order to be eligible to
return your mobile under the 14-Day Money Back Guarantee you must not
have used your handset to make or receive calls or texts, take
photos, or download content." You are therefore not able to return it
under that guarantee.
Do you want to have a replacement phone of the same type (the 6120 is
no worse than any other for RF performance) or cancel your whole
contract with 3?
On Oct 16, 3:24 pm, xCx <x...@bigfoot.com> wrote:
> John wrote:
> > I received a 6120 on a 18 month contract today from 3. About half
> > of the calls I've made fail, so I want to return it under the 14
> > day peace of mind guarantee. When I phoned 3 for a returns number I
> > was told that because I had used this phone I could not return it!
> > What is the easiest way to return this without arguing for hours on
> > the phone with someone reading from a script?
>
> Just ring again and speak to someone that knows what they're
> doing, of course you can return it, even if you have used the
> phone, if not under the 14 day returns then under the 7 day
> distance selling regulations.
>
> --
> xCx
> *Disclaimer* My opinions are mine and I do not represent
> anyone or any company.
In the first instance you're assuming the OP brought the phone via
remotely (over the phone or internet). Secondly, the Distanct Sell
Regs are very clear -- and item must be returned 'unused' and in the
original state it was sent in. Of course, he may have other statutory
rights here he could use, but your statement that "even if you have
used the phone" is not correct.
That said, discussions on another board suggest that Three actually
don't check to see if it has been used or not -- you just need to make
sure tell them what they want to hear. You may find calling back in
and doing that gets you sorted.
Peter Parry <peter@wpp.ltd.uk> wrote in
news:7vi9h3pigp7oeebls2174ko0b0p4shm6tq@4ax.com:
> On Tue, 16 Oct 2007 14:22:10 GMT, John
> <invalid@invalid.invalid> wrote:
>
>>I received a 6120 on a 18 month contract today from 3. About
>>half of the calls I've made fail, so I want to return it under
>>the 14 day peace of mind guarantee.
>
> Was this an upgrade on an existing contract or a wholly new
> contract with 3?
New contract.
> 3 on their web site do say "In order to be
> eligible to return your mobile under the 14-Day Money Back
> Guarantee you must not have used your handset to make or
> receive calls or texts, take photos, or download content." You
> are therefore not able to return it under that guarantee.
Yes. What a pointless guarantee.
> Do you want to have a replacement phone of the same type (the
> 6120 is no worse than any other for RF performance) or cancel
> your whole contract with 3?
I'd like to cancel, but can't get past the "you've used the phone,
so you can't cancel" from the call centre staff.
Usenet User <usenetuser@hotmail.co.uk> wrote in
news:1192546239.873737.133230@q3g2000prf.googlegro ups.com:
> On Oct 16, 3:24 pm, xCx <x...@bigfoot.com> wrote:
>> John wrote:
>> > I received a 6120 on a 18 month contract today from 3.
>> > About half of the calls I've made fail, so I want to return
>> > it under the 14 day peace of mind guarantee. When I phoned
>> > 3 for a returns number I was told that because I had used
>> > this phone I could not return it! What is the easiest way
>> > to return this without arguing for hours on the phone with
>> > someone reading from a script?
>>
>> Just ring again and speak to someone that knows what they're
>> doing, of course you can return it, even if you have used the
>> phone, if not under the 14 day returns then under the 7 day
>> distance selling regulations.
>>
>> --
>> xCx
>> *Disclaimer* My opinions are mine and I do not represent
>> anyone or any company.
>
> In the first instance you're assuming the OP brought the phone
> via remotely (over the phone or internet).
Bought over the internet.
> Secondly, the
> Distanct Sell Regs are very clear -- and item must be returned
> 'unused' and in the original state it was sent in. Of course,
> he may have other statutory rights here he could use, but your
> statement that "even if you have used the phone" is not
> correct.
>
> That said, discussions on another board suggest that Three
> actually don't check to see if it has been used or not -- you
> just need to make sure tell them what they want to hear. You
> may find calling back in and doing that gets you sorted.
Wish I'd known that before I'd made such a fuss. I'm sure
they'll remember me.
On Tue, 16 Oct 2007 15:24:43 +0100, xCx <xcx@bigfoot.com> wrote:
>
>Just ring again and speak to someone that knows what they're
>doing, of course you can return it, even if you have used the
>phone, if not under the 14 day returns then under the 7 day
>distance selling regulations.
You can't return it under the DSR's as the primary contract is for
provision of service and that service has started (S13(1)(a)).
--
Peter Parry. http://www.wpp.ltd.uk/
On Tue, 16 Oct 2007 14:58:08 GMT, John <invalid@invalid.invalid>
wrote:
>Yes. What a pointless guarantee.
It is rather.
>> Do you want to have a replacement phone of the same type (the
>> 6120 is no worse than any other for RF performance) or cancel
>> your whole contract with 3?
>
>I'd like to cancel, but can't get past the "you've used the phone,
>so you can't cancel" from the call centre staff.
Your problem (apart from the call centre) is that the contract is not
for provision of coverage at any specific place and the phone is an
adjunct to a service contract. The fact it doesn't work where you
want it to is therefore contractually pretty irrelevant as long as
the phone is serviceable so you have no right of cancellation. Your
best bet is probably to do as someone has suggested and try to cancel
again and hope the previous operator didn't make a note of your
earlier call and the present one doesn't notice the account usage.
--
Peter Parry. http://www.wpp.ltd.uk/
On Tue, 16 Oct 2007 14:58:08 GMT, John put finger to keyboard and
typed:
>Peter Parry <peter@wpp.ltd.uk> wrote in
>news:7vi9h3pigp7oeebls2174ko0b0p4shm6tq@4ax.com :
>
>> Do you want to have a replacement phone of the same type (the
>> 6120 is no worse than any other for RF performance) or cancel
>> your whole contract with 3?
>
>I'd like to cancel, but can't get past the "you've used the phone,
>so you can't cancel" from the call centre staff.
They're right; you can't cancel. You do, however, have a right to a
replacement phone if that one isn't working properly. I'd suggest
trying a different approach.
"Mark Goodge" <usenet@listmail.good-stuff.co.uk> wrote in message
news:hnr9h3hmbbpihl7clfqmjiapisq6dm6u4l@news.marks house.net...
> On Tue, 16 Oct 2007 14:58:08 GMT, John put finger to keyboard and
> typed:
>
>>Peter Parry <peter@wpp.ltd.uk> wrote in
>>news:7vi9h3pigp7oeebls2174ko0b0p4shm6tq@4ax.co m:
>>
>>> Do you want to have a replacement phone of the same type (the
>>> 6120 is no worse than any other for RF performance) or cancel
>>> your whole contract with 3?
>>
>>I'd like to cancel, but can't get past the "you've used the phone,
>>so you can't cancel" from the call centre staff.
>
> They're right; you can't cancel. You do, however, have a right to a
> replacement phone if that one isn't working properly. I'd suggest
> trying a different approach.
>
> Mark
You will struggle to cancel, a friend threatened legal action and 3 gave in,
however they only did this because someone had actually disconnected the
phone when he previously asked to cancel. He claimed by disconnecting the
phone they had accepted his cancellation request.
"John" <invalid@invalid.invalid> wrote in message
news:3k4Ri.25594$m81.25417@fe01.news.easynews.com. ..
> Peter Parry <peter@wpp.ltd.uk> wrote in
> news:7vi9h3pigp7oeebls2174ko0b0p4shm6tq@4ax.com:
>
>> On Tue, 16 Oct 2007 14:22:10 GMT, John
>> <invalid@invalid.invalid> wrote:
>>
>
> Yes. What a pointless guarantee.
Another '3' user repents at liesure on this news group.
>
> I'd like to cancel, but can't get past the "you've used the phone,
> so you can't cancel" from the call centre staff.
Well it ain't working so you want your money back under the Sale of Goods
Act 1893 as amended because the goods were not of 'merchantable quality'.
Hook in your local TS if necessary, you are dealing with '3' after all.
>
PS of course this might not work if you actually ordered the goods from one
of their offshore call centres - anyone know a good lawyer in Bangalore?
On Tue, 16 Oct 2007 19:38:57 +0100, "R. Mark Clayton"
<nospamclayton@btinternet.com> wrote:
>
>Well it ain't working so you want your money back under the Sale of Goods
>Act 1893 as amended because the goods were not of 'merchantable quality'.
>Hook in your local TS if necessary, you are dealing with '3' after all.
As the amendments took out "merchantable quality" that wouldn't be
possible. You might have more success with "satisfactory quality".
The handset though is part of a package with a service contract. You
could try rejecting the package, but you have already used it and
there is no rejection right for services as there is for goods. You
could try returning the handset for a refund - but as it probably had
an "included" price of zero this might not be altogether wise as you
could end up with no handset and still an 18 month contract.
The phone is also probably working perfectly well. The contract
makes it clear there is no guarantee the phone will work everywhere
so unless the buyer specifically stated he needed it to work in the
front bedroom of 34 Acacia Avenue, Llanfairfechan then the test is
one of general rather than specific performance.
--
Peter Parry. http://www.wpp.ltd.uk/
Cancel your 3 contract early. was Re: Returning a mobile to 3
"R. Mark Clayton" <nospamclayton@btinternet.com> wrote in
news:BuednTfAltLYmIjanZ2dnUVZ8tqinZ2d@bt.com:
>
> "John" <invalid@invalid.invalid> wrote in message
> news:3k4Ri.25594$m81.25417@fe01.news.easynews.com. ..
>> Peter Parry <peter@wpp.ltd.uk> wrote in
>> news:7vi9h3pigp7oeebls2174ko0b0p4shm6tq@4ax.com:
>>
>>> On Tue, 16 Oct 2007 14:22:10 GMT, John
>>> <invalid@invalid.invalid> wrote:
>>>
>>
>> Yes. What a pointless guarantee.
>
> Another '3' user repents at liesure on this news group.
I've managed to cancel my 18 month contract early thanks to the
information I found at http://tinyurl.com/2x62o3
Disconnection date is the 30th November.
Returning a mobile to 3 
Linear Mode
