Refused return during cooling off period

[JoeChamberlain]

Hi,

Less than a week ago, I checked my upgrade date which was about 5 months away but an offer appeared where the remaining contract was automatically paid off if I upgraded now. I went to the store did the upgrade and picked up a P30 Pro. Great phone, but after much playing around with it, I'd prefer a S10+ and I also noticed a crease on the screen under the glass.

Today I went back and said I'd like to exercise my cooling off period, return the phone, mentioned the defect. All was well until the computer rejected my return, I could only have a like for like replacement due to the defect and not a different handset.

The reason being I understand is that I originally took out the previous contract, a couple of years ago with O2 through Carphone Warehouse. And apparently the cooling off period isn't valid for me with the early free upgrade offer now.

I'm pretty sure, my contract mentions the cooling off period and the sales advisor mentioned it when I picked up the l P30 Pro. I would have really thought twice if it was made clear to me there was no cooling off period.

Is there anything I can do? Can any consideration be made even if I agree to have a different phone and new contract?

This policy doesn't make sense to me. And I can't seem to find it anywhere. I'm really disappointed with the situation.

Thanks in advance.

Joe

[JoeChamberlain]

Furthermore. I've just read through my contract. Absolutely clear that I can return the phone with 14 days, I can't see anything about this supposed rule. And yeah, being reminded about the cooling off period in store too when I signed the contract. I feel misinformed.

[Cleoriff]

If you took out the new contract directly with O2 @JoeChamberlain  then you are covered by the 14 day return policy. In fact if the phone is defective, you are allowed a 30 day cooling off period

https://www.o2.co.uk/help/phones-sims-and-devices/our-change-of-mind-policy

The fact your previous contract was with CPW is totally irrelevant.

You need to persevere with this.

Hope this helps and welcome to the forum

[JoeChamberlain]

Thank you.

And thinking more about it,

My contract says I'm covered.
The advisor selling me the phone said I was covered.
A webchat advisor when I was thinking about returning said I could.
The guy who I spoke to on the phone after, said pop down to a store and swap it for a S10+.
Then staff in the store as I attempted the return said I could.
Then the computer said no.

[MI5]

@JoeChamberlain 

The issue here is the "fault" with the phone. For a phone to be returned it has to be as new in all original packaging and with all accessories. 

The fault means it is not, technically, as new.

The return would have to be processed without the fault being entered into the computer or you'll need to take a new replacement phone and then process the 14 day return immediately.

[TallTrees]

@JoeChamberlain
Reading through your posts it also seemed obvious as @MI5 said that in store you needed to accept a replacement phone then replace it with your chosen one. Staff should have realised this but were probably surprised by the result on the computer instead of engaging brain.
Try and get this done soonest and stay there until sorted 🤔 Take all documents etc.
Speak to Manager at store if possible too.
Good luck , let us know you have got it sorted 😁

[JoeChamberlain]

Thanks all for your help. I do understand the automated rule a little bit. I guess the system is trying to prevent loss of money.

As I got out of my contract early without paying the remaining amount because I went for the upgrade offer, now that I'm trying to cancel the contract. I suppose its like I'm trying to cancel and forget the previous bill.

But I am trying to get a new contract. I'm aware it would be unfair of me to just change my mind and walk out without a new contract. Yet the rules should be I'm either liable for the remaining previous contract or I sign a new one.

I definitely think that rule should be in place to accept this scenario. As all new contracts are written to have a cooling off period and I see no other written small print to tell me otherwise.

I shall return to the store and give it another go. But I'm worried this would be a waste of everyone's and my time. I would love if a representative of O2 could just give me the green light to say I can go to the store and all will be well.

Shall I call first, email or can this thread be escalated to an O2 rep?

Thanks again.

[Cleoriff]

@JoeChamberlain 

It can't be escalated to an O2 rep here, though I could mention the community managers and see if they have any advice @Marjo @Martin-O2 ?

[gmarkj]

I would have thought that the store would process it as a change of mind so that you can change the phone you want, and then send the phone off as faulty.
Or they could swap the faulty phone, then do a change of mind.
Both result in the customer (you) getting the phone you want and the faulty device being sent back.
Simples! (Until the computer gets involved...)

[MI5]

The mistake was telling them it was faulty. The only option now is to replace the phone like for like and then process a change of mind.