Am I legally bound to pay for cancellation charges of a contract which I bought yesterday evening?

Question

Hi Guys,

I am actually in a fix and dont know what to do...

I got a 3 'Three' network monthly contract yesterday from Microline with the intention of using the 3 "three' sim with my old phone and giving the handset to someone as a gift.

When I tried inserting the sim in my old phone...it did not recognise it.

Though the contract says that I am liable to pay 35.00 GBP if I cancel the contract once it is connected but I have been cheated by the sales advisor as I was not told that the 3 'Three' simcard will not work with any other unlocked phone (which I had specifically asked).

I got this contract yesterday evening and when I called the same advisor today...he said I have to pay cancellation charges.

As per the consumer laws, I am legally bound to pay 35.00 GBP cancellation charges even if I have been cheated by the sales advisor?

Is there a website, where I can get more information on this?

Thanks.

Answer 1

If you were misled by the sales advisor I would say you have a case against the place where you bought the Sim card. I would ask to see the manager of the shop. You say the fee is payable after the connection has been set up, so if you have used the card in another phone then you may not have a case against the service provider. If you get no joy from the shop I would consult the CAB as you may be able to take out a small claims order.

Answer 2

I might depend on where you made the transaction. If you made it in your own home then I believe that there is something about a seven day cooling off period.
Also, what you have bought (or rather, what you have been sold) MUST do what it was sold to do - if it doesn't work on your phone and you were told that it would then you don't have to pay. If, however, you said that you would take the chance, then maybe you would have to pay.
Contract law is difficult because it is dependant on when the contract took place rather than the peculiarities of the contract.
There may be a web-site but you will probably have to pay for the information that you are looking for. Go to the Citizens Advise Bureaux, they should be able to help.
By the way, did you pay by card? If you did, cancel the transaction with your bank as soon as possible and let them chase you for the money. The chances are that they wont.

Answer 3

i dont believe for one minute that a network provider is going to give you an UNLOCKED phone for free !!
is your own phone unlocked ? if not, then this is why the 3sim card is not working.
have a look at the small print and see if there is a cooling off period. the sales advisor will be telling you all this as he will lose commision on the sale if you cancel......so, thinking that if he tells you it is going to cost £35 to cancel you are going to go ahead with the contract. like i say, read all the small print and if you cant get out of it you will have to pay up and probably have to send the phone back also. let us know how you get on !

Answer 4

This situation is very much like buying a car. What they will go by is the written contract with your signature on it. It doesn't matter what the salesman says, if it isn't written on the contract, it isn't binding.

Assuming a standard contract with cancellation charges outlined on the contract, and you signature, YES, you are liable to pay the cancellation charges. Doesn't seem fair, but that's the way it is. Remember to add anything promised verbally to the contract before you sign, or you are just out of luck.

Answer 5

All depends on how you got the phone. If it was via mail order or via the net, you are legally entitled to return it under the EU Distance Selling Regulation (7 working days) although you can't do this if received via a retail store.. You are also LEGALLY entitled to return it under the 14 day money back (providing it is a new connection, not an upgrade) from wherever you received it although you may be liable for the return charges. Your best bet is go to your local Citizens Advice Bureaux who can provide you with free legal advice.

Answer 6

im sure if i remember correctly that a 3 sim card wont work in any unlocked fone unless 3 provide it i put a friends 3 sim in an unlocked fone of mine when she had to send her 3 fone back for repair it would not accept her sim so she gave me the fone back evry other network works fine on it vodafone t mobile o2 im almost sure but not 100% that 3 put a lock on their sim cards so they wont work in any fone except a 3 fone dont quote me on this mind i may be wrong the 3 salesman is not going to tell you that tho is he as he wont get a sale then i know a few people who have tried this and the only way to get it to work is another 3 fone i would ask c.a.b they will find out the legal side for you and dont be fobbed off too many times these people tell you things because they need pay the same as the rest of us ,,, and we all know no sales no dough dont we

Answer 7

if you agreed to the cancellation charge and signed for it then you have to pay it.

it is really your fault that you didnt specifically ask about using the sim in another phone. the sales person has absolutely to responsibilty to advice you that.

I actually think you are a liar. you didnt want to give the handset as a gift you actually wanted to sell the phone to pay your line rental didnt you?

If you went to microline to buy a phone its means you onyl had one thing in mind. Cheap cheap cheap deal and probably you worked you that when you sell the phone it would cost you nothing for the 12 or 18 month contract.

its within your rights to return the phone within 14 days, pay the £35 and learn your lesson.

wherever you go or whatever you do you cant get out if sinced you signed.

Answer 8

Contact the Citizens Advice Bureau. Good luck

Answer 9

Check your contract ! there is normally a period in which it is safe to cancel ( it`s normally within 24 hrs ) after this period there is a charge ! but if you can prove that the salesman misled you then go back to the shop demand to speak to the manager explain the situation to him . if it the salesman was the manager then ask to speak to the area manager .failing that you can contact the ombudsman telling them how the salesman misled you . you can find out who the ombudsman is just go into another mobile phone shop and ask them as if they think they are getting one over on their competitor they will gladly give you this info ...... good luck

Answer 10

the sales person is lying!! all networks have a 14 day cancellation in case your are not happy or have changed your mind. all customer services on all networks will tell you this. i used to have a 3 contract and i phoned customer services and cancelled the contract as they are rubbish. is it microline in hounslow? if it is, let me know