Returning an upgrade help

[Anonymous]

I recently upgraded my o2 contract (late last week) and I was on a 'free early upgrade' plan if I moved to o2 refresh (original contract was from carphone warehouse). 

I upgraded online on o2.co.uk and chose to pick the phone up from my local store using click and collect.

I have since decided that I do not like the phone I chose and have decided to keep my old phone on sim only.

I have a "14 day cooling off period with no reason" clause in both parts of the refresh contract.  

I phoned 202 this morning and the lady on the phone advised me to take the phone back to the store as it was a click and collect order. I did this, and the staff in the store refused to take the phone back as it was an early upgrade and their till "wouldn't allow them to refund the contract". I even asked for the manager of the store who also said the same thing to me.

I returned home with the phone and contract still active and called 202 again. They informed me that the phone HAS to be returned to a store as it was collected from a store. A gentleman from the LiveChat also said the same thing to me.

I am planning to go back to the store tomorrow to try and get this resolved, whilst having someone on the phone from 202 who says the phone needs to be given back to the store.

I have tried the online returns page and it comes up with an error message so I can't even try to return it online.

Does anyone have any advice for me to try and cancel this contract after having it less than a week? Any help would be greatly appreciated! 

[MI5]

Anyone surprised by that?

[Beenherebefore]

Not me !

[Wa10]

Not sure whether this is what's causing the issue @Anonymous

If you're an O2 Refresh customer, you've the right to cancel your whole O2 Refresh deal (both your Airtime Plan and Device Plan Credit Agreement) within those 14 days. Or you can change your device for another one, but you can only do this once. If you've signed up to O2 Refresh by buying out your old contract early and then change your mind, you can't go back to your old tariff once your new service has started and you can't get a refund on your old contract buy-out fee.

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

Still no reason that you shouldn't be able to return the handset and cancel the credit agreement, you're perfectly within your rights to do that and even though it was a "Click and Collect" order you're even protected by the Distance Selling Regulations because you agreed to the contract/purchase online (rather than just reserving the item to then buy in store, in which instance you wouldn't be covered), it just means that you wouldn't be able to revert to your original contract conditions/tariff.

Persevere with CS, make sure that you're speaking to the Returns and Repairs team and they should be able to get the return of the handset, cancellation of the CCA and also a switch to an appropriate SIMO deal sorted for you. 

[Martin-O2]

Thanks for the mention @Cleoriff! @Anonymous I'm sure we can get this sorted for you. I'll need a few details about this so will send you a private message. Just get back to me when you have a minute. 

[Cleoriff]

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@Martin-O2 wrote:

Thanks for the mention @Cleoriff! @Anonymous I'm sure we can get this sorted for you. I'll need a few details about this so will send you a private message. Just get back to me when you have a minute. 

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Thanks for that @Martin-O2. Whatever the explanation for this there is no doubt the OP is being given a real runaround by O2. I am just concerned the next response will be 'Sorry you have exceeded the 14 day change of mind policy' They have obviously tried everything themselves...

[Martin-O2]

No worries @Cleoriff I've escalated the details and @Anonymous is going to let me know how it turns out