Can't cancel Phones4u upgrade to o2!??!? HELP!!?!

[Anonymous]

So... I went onto the phones4u website and I upgraded my o2 number as the contract runs out on 13th October 2013 so it is a few days away.

I decided that I wanted to cancel the order for the upgrade but phones4u say that I cannot cancel an upgrade order as it states this in their Ts&Cs.

They also said to me that the order wont be processed until the 13th October when my current o2 contract runs out so I will receive my phone on 14th October.

How can I not cancel my order with Phones4u when they haven't even processed it yet? 

Is there any way at all that I can cancel the Phones4u order? my contract hasnt even run out so I dont understand what the issue is 😞

[MI5]

Good idea, but do it quickly

[Anonymous]

Sounds like a bit of a con from p4u: Reminds me of Watchdog-esque programmes where they clamp your car, then charge extra because 'the truck is already on it's way'.

Bad business practice

[Anonymous]

Hope you get sorted soon then.

Let us know how you get on.

[jonsie]

Extraordinary way of doing business! Hope all goes well for you.

[perksie]

As I understand it if you buy from a shop they don't have to cancel if you change your mind.

From their shop page:

Can I return a purchase made in store?

Pay Monthly Phones, Broadband Dongles and SIM Only Contracts

Phones4u does not operate a 14 day return period on Pay Monthly Contracts. Contract handsets, however, may be returned within 14 days of the date of sale if the network coverage is considered to be poor at the customers contractual address and no alternative network agreement can be established. Cancellation is subject to network provider approval.

[Anonymous]

But in this case they haven't even processed or started to process ANYTHING?!

Absolutely nuts

[perksie]

The fact is, as I understand the law they don't have to cancel it.

[MI5]

My interpretation, as this was done online, is that DSR would be applicable?

[perksie]

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@MI5 wrote:
My interpretation, as this was done online, is that DSR would be applicable?

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You're right of course, I missed that part of the post.

BUT:

This can apply when an upgrade is simply a continuation of an existing service and the 7 days return does not apply:

From a P4U moderator on their forum:

In regards to the distance selling regulations when placing a phone (order sic) online or over the phone for what we call a new connection we do offer a 7 working day returns period. With an upgrade as this is classed as a continuation of an existing contract we do not have to provide a cancellation period as you are agreeing to a service you have already been provided.

[MI5]

Interesting interpretation of the law there from P4U, as a new handset is involved, if the handset was deemed "wrong", I'm not sure where they stand legally.....?