Mobiles.co.uk (faulty phone upon receipt/unwilling to cancel contract)

S

sollka

New Member
Jan 19, 2010
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Hi there

I purchased a mobile phone on the internet from mobiles.co.uk (which I received on Friday 15th). In order to set up the phone I inserted the sim card, whilst setting up the phone realised that it keeps switching itself off, so therefore is faulty. I do not want to risk receiving another "faulty" phone so I have contacted the supplier by email as I wish to cancel the contract (pay monthly) but they have informed me that as I have inserted the sim card I have agreed to the "contract" and cannot cancel. Obviously it is impossible to test the phone without inserting the sim card.

They have offered me an alternative model but insist that it has to be on the same tariff/contract. As I need the phone to work in my car the only phone acceptable is on a higher tariff (I am willing to pay the difference) but they say they cannot change the contract at all. Please can anyone help???

Thanks.
 
S

sollka

New Member
Jan 19, 2010
2
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0
Hi Tony

Thanks for your post. On checking the phone I realised that before the mobile started to switch itself off I had sent a text to my husband. Do the DSRs still apply?

Thanks for your help!
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
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Yes, I would say so you haven't really used it in earnest. Obviously you would need to pay for that text.

Tony
 
C

Cookie

New Member
Jan 21, 2010
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Tony said:
Yes, I would say so you haven't really used it in earnest. Obviously you would need to pay for that text.
Click to expand...
I don't think this advice is correct, you lose your rights to DSR once you've used the service, e.g. by sending the text. I know Mobiles.co.uk have a big warning on the sim card envelope warning you of this if you use the SIM card.

Which? have a detailed article on the subject. I can't post links but go to this page on the Which? site /advice/dealing-with-mobile-phone-problems/your-mobile-phone-rights/index.jsp

However, you can still cancel if the phone is faulty and so you need to make sure Mobiles know that you are cancelling under the Sale of Goods Act and not the DSR. If you try to cancel under DSR then they will rightly tell you that you can't.
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
Hi Cookie,

Yes, you are right Solka can reject the goods too as they are faulty.

Mobiles.co.uk doesn't appear to do the following:
If you have commissioned a service under a distance selling contract and the work begins before the end of the 7 days cancellation period, then you must give up your right to cancel, but this must be clearly communicated and with your express agreement.
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From: Cooling Off Periods | Consumer Information

I only went as far as checkout. Not sure that a note on the sim card meets the precontractual requirement:

Traders must provide you with specific information in regard to their obligations and your rights before you confirm your order. This is called pre-contractual (or prior) information and is dealt with in the next section, along with information about invoking your cooling off rights, returns, refunds and replacements.
Click to expand...
From Mail order shopping, buying online and ordering over the phone | Consumer Information

I can't find this on their site at all!!!

Tony
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
This is who they are:

Mobiles.co.uk Ltd.

Registrant type:
UK Limited Company, (Company number: 06320783)

Registrant's address:
6 Greenhill Crescent
Watford Business Park
Watford
WD18 8RF
United Kingdom
 
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