Advise sought - Carphonewarehouse
Discussion
recently brought 2 mobiles phones for xmas prezzies, but in the end my parents had brought them any how without me knowing, so I asked carphone warehouse for a refund.
No problem they say - send everything back as you received it, and youll get your refund (I obviously sent it registered del and they received it no problems)
Checked my bank account, and they only refunded me £259.98 40 quid less than I paid.
Ring them up 7/8 times, they say ah its a mistake, youll get credited the rest soon.
After waiting a month and making a few more phone calls, phone them up again, they said that as the phones you brought were bundled with a sim card (well obviously) and some credit, we cant refund you the cost of this.
Says me: Why?
Them: its new rules, well refund you on the phone but not the bundled sim card and credit
Me: even though I was told to send every thing back , including all item delivered with the phone
Them: Yes.
Me: so what happens now?
Them:nothing
Me: Are you aware that nothing in the returns policy said anything about me not getting refunded for any part of the deal I purchased, and I have been told 7 time I would get my money back.
Them: whats your point?
Me: If I was never going to get a refund on the sim card and credit on the phone why was I asked to send it back? Are you conspiring to defraud me? Are you aware of the Consumer protection distance selling regulations 2000, and the 7 day cooling off period for goods brought over the internet?
Them: I have no idea what your talking about(sais in an i dont give a shit voice) Would you like a manager to ring you back in 48 hours.
Me: Yes please
.........So what do I say to this monkey when I speak to it?
No problem they say - send everything back as you received it, and youll get your refund (I obviously sent it registered del and they received it no problems)
Checked my bank account, and they only refunded me £259.98 40 quid less than I paid.
Ring them up 7/8 times, they say ah its a mistake, youll get credited the rest soon.
After waiting a month and making a few more phone calls, phone them up again, they said that as the phones you brought were bundled with a sim card (well obviously) and some credit, we cant refund you the cost of this.
Says me: Why?
Them: its new rules, well refund you on the phone but not the bundled sim card and credit
Me: even though I was told to send every thing back , including all item delivered with the phone
Them: Yes.
Me: so what happens now?
Them:nothing
Me: Are you aware that nothing in the returns policy said anything about me not getting refunded for any part of the deal I purchased, and I have been told 7 time I would get my money back.
Them: whats your point?
Me: If I was never going to get a refund on the sim card and credit on the phone why was I asked to send it back? Are you conspiring to defraud me? Are you aware of the Consumer protection distance selling regulations 2000, and the 7 day cooling off period for goods brought over the internet?
Them: I have no idea what your talking about(sais in an i dont give a shit voice) Would you like a manager to ring you back in 48 hours.
Me: Yes please
.........So what do I say to this monkey when I speak to it?
Do the Distance Selling Regulations apply to Sim cards and credits? You may need to read the Regulations to see - there are exemptions relating to software etc. but I'm not now fully familiar with the Regs.
Otherwise start with "you told me I could have a full refund" and go from there.
Otherwise start with "you told me I could have a full refund" and go from there.
Piglet said:
Do the Distance Selling Regulations apply to Sim cards and credits? You may need to read the Regulations to see - there are exemptions relating to software etc. but I'm not now fully familiar with the Regs.
Otherwise start with "you told me I could have a full refund" and go from there.
Regs provide a right:
1) to receive clear information about goods and services before deciding to buy (This in my opinion was not the case given theyve just made some BS up about a new policy not to refund any bundled sim cards and credit)
2)A cooling off period of seven working days in which the consumer can withdraw from the contract; the contract was to buy a phone the charger etc, a sim card , and credit. I now wish to withdraw from the contract yet their trying to
me. That's assuming a manager calls you back. It may have been a tactic by the call centre chimp to fob you off.
If (or when) the manager calls you, I would politely and calmly explain the situation. Shouting at them will get you nowhere.
If need be, you can always demand to keep going up the management chain if he can't/won't help you.
If (or when) the manager calls you, I would politely and calmly explain the situation. Shouting at them will get you nowhere.
If need be, you can always demand to keep going up the management chain if he can't/won't help you.
princeperch said:
Do the Distance Selling Regulations apply to Sim cards and credits? You may need to read the Regulations to see - there are exemptions relating to software etc. but I'm not now fully familiar with the Regs.
Otherwise start with "you told me I could have a full refund" and go from there.
Regs provide a right:
1) to receive clear information about goods and services before deciding to buy (This in my opinion was not the case given theyve just made some BS up about a new policy not to refund any bundled sim cards and credit)
2)A cooling off period of seven working days in which the consumer can withdraw from the contract; the contract was to buy a phone the charger etc, a sim card , and credit. I now wish to withdraw from the contract yet their trying to
Unless covered by an exemption which is what I'm suggesting you check! There are exemptions in the Reg's and it would make sense to check that this type of produce isn't covered by it before you go in with all guns blazing on this approach. Nothing worse than having your carefully constructed argument blown out of the water by something simple.
Excepted contracts
5. - (1) The following are excepted contracts, namely any contract -
(a) for the sale or other disposition of an interest in land except for a rental agreement;
(b) for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;
(c) relating to financial services, a non-exhaustive list of which is contained in Schedule 2;
(d) concluded by means of an automated vending machine or automated commercial premises;
(e) concluded with a telecommunications operator through the use of a public pay-phone;
(f) concluded at an auction
www.opsi.gov.uk/si/si2000/20002334.htm
5. - (1) The following are excepted contracts, namely any contract -
(a) for the sale or other disposition of an interest in land except for a rental agreement;
(b) for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;
(c) relating to financial services, a non-exhaustive list of which is contained in Schedule 2;
(d) concluded by means of an automated vending machine or automated commercial premises;
(e) concluded with a telecommunications operator through the use of a public pay-phone;
(f) concluded at an auction
www.opsi.gov.uk/si/si2000/20002334.htm
Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -
(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12;
(b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e) for the supply of newspapers, periodicals or magazines; or
(f) for gaming, betting or lottery services.
No idea if it would count as computer software, but in any case the Box containing the Sim card was sealed too.
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -
(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12;
(b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;
(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
(e) for the supply of newspapers, periodicals or magazines; or
(f) for gaming, betting or lottery services.
No idea if it would count as computer software, but in any case the Box containing the Sim card was sealed too.
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