[andymc001]

Hi guys,

Hope someone can help me with this, I got the K800i last week on three and after trying it out for a week decided that i like the phone but didn't like the network. As it's within the 14 days i tried to take it back to the shop i got it from however they wouldn't accept it due to a tiny mark on the top if the mark (so small i didn't even see it).

So now it appears i'm locked into this contract unless i buy out of it.

My first thought was i'll sell it on ebay but would need to get it unlocked first and after looking through these forums it doesn't appear as if it's possible to unlock it just yet.

Does anyone have any ideas what i can do about the contract, there's still a week left till the 14 day period is up and the only advice i've been given is try another store?

Any advice would be welcome.
Cheers,
Andy.

[3GScottishUser]

Hiya - Welcome to Talk3g.co.uk.....

Do not accept no for an answer. it is likely the dealer is trying to protect himself from clawback and 3 have now started penalties for dealers who exceed a certain percentage of returns.

My advice would be to call 3 CS and demand that they end the contract within the 14 day trail period. Do not wait.... do that immiadiiately. Explain the problem you have with the dealer and ask for their assistance to resolve the matter. You will have to pay for all calls and rental incurred duuring your 1st 8 days or so but that is normal.

After doing the above don't waste time. Return the phone to the shop with all original packing and keep a copy of your paperwork given at the point of sale. If they refuse to accept the handset demand the contact details of their Area Manager and contact him/her. Better still call the head office and demand that they terminate the deal. Companies offering trial periods must allow for some fair wear and tear and can't wriggle out of their obligations for the sake of a small scratch.

You must act very swiftly and not exceed the 14 days, so make your decision known to 3 CS ASAP - tonight even!! That may afford you some breathing space while the dealer gets sorted out.

There are some cracking deals on K800i now from CPW and others on most networks. Its free with 600 x/net mins and 100 texts on 02 35 from CPW with 8 months 1/2 price line rental too on a 12 month contract (Total £280.00), compare that with the cost of 3!!

Good luck with the cancellation. Keep us informed on how things progress.

PS: Out of interest, what did'nt you like about the 3 network?

[andymc001]

Thanks for your reply,

02 have put me back on my old deal and are sending me out my phone soon. so i'm not worried about that

I phoned 3 CS and advised them i want to cancel it, they've said that i need to cancel it through the dealer. I explained to them that the dealer isn't accepting it back and that i want their help in having them take it back.

They seem to be playing along, they gave me the number so that when i'm in the dealers and they're not helping me that i can call them for them to speak to them. They've also cancelled my direct debit instruction as well.

I can't find anything from the dealer to say their terms and conditions about it being in perfect condition. but they did mention sumthin about being charged for sending it back. i got it from p4u so if u know anything about their terms that would be good.

Can i take it back to another branch or would i have to go to the one i bought it from?

I really just didn't like the way the network operated, the phone is capable of using RSS feeds and emails which i couldn't use my existing ones one the three unless i paid for proper mobile internet access, the final straw was when they tried to charge me for checking the time of a train. I know it doesn't sound like much but it was all the wee extras that you had to pay more for that i didn't like.

I'm in a bit of a panic now that i'm gonna be saddled with 2 contracts for the year :(

[andymc001]

This is the official wording from their website and what the guy in the shop is quoting me from:

14 day money back guarantee return your new contract phone in perfect condition within 14 days, in the original packaging and we will refund your purchase. Just keep your receipt and all you will be charged for is the line rental used and any calls made. Any handset, with the exception of prepay handsets and just phones, may be returned within 14 days of receipt as stipulated by our service policy

[Hands0n]

Don't take that fromP4U - they are possibly the shoddiest dealer network in the country! I would not use them for their toilet facilities, let alone actualy give them any money!

Stand your ground and insist that they honour the 14-day return. That contract term being quoted is bordering on unfair terms. Who can prove that you created the mark on the handset? It could have happened when they set the phone up for you, or originated from the factory if it is that small and hard to see. It would be different if it were a significant scratch or dent.

You will no doubt have a bit of a fight on your hands with P4U and I think that 3GSU's advice to solicit all the help you can from 3's CS [very quickly] is spot on. Do call them when in the shop confronting their sales staff. I also suggest that you access the store's manager (don't take No for an answer, they try this often ... some rubbish about not being allowed to!!).

Advice to anyone reading this .... stay away from P4U, this is not an isolated case, they are rubbish of the first order!

[3GScottishUser]

This kind of shennanigan makes me laugh, although it's not funny if you at the receiving end of it.

It is well known that dealers resell returned handsets as 'refurbished' and most describe those as 'slightly blemished', factory reconditioned, ex-demonstration, etc etc. The costs to dealers for accepting returns are deadly though as they neither make a profit from the original deal and will loose a little disposing of the refurbished product. Add to that the punitive returns targets by 3 and you can deduce that P4U will go out of their way to make it as hard as possible for customers to make returns.

A wee trip or call to your local trading standards office (based at your council) might also be a good idea if P4U dont play ball when you return.

Good luck!!

[andymc001]

ok i'm going to try again today at another store. My argument will be that the only time it could have happened was when it was out of my hands (When i took it back to them the guy took it into the back next thing i knew there was a blemish on it).

They told me at the time it was like a key mark, i've shown it to other ppl (carefully) who upon inspection didn't notice it till i pointed it out.

the best i've found so far to back me up is,


If the fault was obvious and it would have been reasonable to have noticed it on examination before buying.

unfortunatly as it's sunday no trading standards place is open so all i can do is get onto them first thing in the morning.

[andymc001]

Another update:

Phone call to p4u CS,
"You'll need to take it back to another store and it's at their discretion"

I get the feeling it's gonna be like arguing with a brick wall

[Hands0n]

Work it through with 3 if P4U keep up the silliness. I reckon from what you've said that the sales guy has marked it out of your sight - but you'll have as much a tough time proving that as they would have of proving that you made the mark. There is no proof, just the fact that a mark is there. They'll no doubt deny taking it out of your sight!

This lot are an utter shambols, there should be a public health warning on their doors. The sooner they go into liquidation the better!

[Ben]

You may want to add Carphone Warehouse (http://www.mobiletoday.co.uk/content/3183.asp?men=1&sub=3) to your list of future chains to avoid :(

Snip:
"Former Phones 4u chief Catterson, who is three months into his job at Carphone, has told staff the only reason to be behind the counter is if they are processing a sale."

So not providing help, support or processing refunds then. :p

[andymc001]

I'm gonna stick to buying from the network from now on!

[Hands0n]

Not a bad thought andymc001, also consider using the network's own shops (not the branded ones, only those that are actually owned by the operator).

I tend to use The Link and CPW only for box shifting, i.e. I want something very specific that does not need their helo such as a bluetooth headset, phone case, lanyard, spare battery. Anything more complex like a handset or a contract goes directly to the operator/op's store only. It has stood me in good stead thus far. I'm the same with electronics, Dixons only gets my biz when I actually know what I want, specifically. "Can I help you?" ususally results in a guffawing laugh on my behalf. "No thanks, I can read off the back of the box for myself if its all the same to you".

I gave up with the stores when they got rid of those that were in the know (like the smart and interested kid) and employed cashiers instead.

[andymc001]

ok i went to another store, the guy looked at the phone, he saw a different mark and it wasn't until they spoke to the original store and were told about the first mark that he noticed it :confused:

Apparently as it was a cashback deal (I had the money in my hand ready to hand back!) i have to deal with the original store which is now closed today, they will call p4u CS while i'm in the store as i've said that i thought they made the marks on the phone, they said that they will try and sort some kind of arrangement - no idea what though.

the guy I spoke to today said he didn't understand how they can expect a phone to be in pristine condition if it's been used for 14 days but thats the rules.

[solo12002]

" Work it through with 3 if P4U keep up the silliness. I reckon from what you've said that the sales guy has marked it out of your sight - but you'll have as much a tough time proving that as they would have of proving that you made the mark"

Ok play by their rules if thats the case get a loan of a mobile take a few photos and claim it was great when you handed to sales man.

Alls fair in war!

[andymc001]

What a waste of time. no offer to sort it out.

I spoke to trading standards who take 3 days to get back to any query. They said i could have a claim under scots law of reasonable skill and care since the tariff doesn't work well for me after the discount period, p4u dismissed that.

Unfair terms and conditions again p4u dismissed that.

i've been told i could make a claim in the small claims court but it's my word against theirs. looks like i'm gonna have to see my contract through so i've cancelled my 02 upgrade and will have to port the number over to 3, wait 9 months and change my tarriff then (apparently the flext style plans are starting soon) and hope there is a suitable tarriff, either that or try and find sum1 who works for three, become their friend and get staff discount...lol

the guy in store has said he'll contact me 2morrow 2 c about a shift in the tarriff but i'm not holding my breath.

there's no way i'm allowing them to charge me for any extra calls so i'm gonna try my best to use all minutes on my plan (Not usually a big talker, prefer to text) and get my money's worth.

As soon as it can be reflashed to get rid of this 3 software it will be done.

The guy actually said they'd call me back into the store in 9 months to buy me out the contract if i take another, all I said to him was "Do you actually think i'm gonna do business here again?"

Thanks everyone for your advice and support!

[Ben]

Oh dear :( Please feel free to name and shame the P4U store in question so we can be sure to avoid it.

What a dispicable way to treat a customer :(

[andymc001]

It was the Clydebank store but it's the terms that all the stores are using. I don't understand how they get away with these terms but it seems that they do and they are a bitch to argue with.

[Hands0n]

If you are unhappy with the terms, and who wouldn't be, you could always report them to the OFT (Office of Fair Trading) who have a rather helpful website. A useful starting point might be http://www.oft.gov.uk/Business/Legal/UTCC/default.htm where you can glean some info and see if it fits your particular situation.

Firms like P4U should not be allowed to get away with things like this. Their shady practices have not gone unnoticed before.

They've managed to piddle off quite a few on here http://www.ciao.co.uk/Phones4U__87426 where there are some 40+ reviews by the general public. None of them complimentary as far as I can tell. All very predictable stuff.

Someone should slap a health warning on the front door of all P4U shops! They really are the worst (and I'm being very kind here!).

People should stay away from Phones4U in droves!

[3GScottishUser]

Just had a look at that review site and guess who has the wooden spoon for UK mobile network?

No prizes!!


http://www.ciao.co.uk/ratings.php/RatingId/5015241

[Hands0n]

One2One ????????????/ Feck! Thats old :D