Are contracts, particularly 3, covered by Distance Selling Regs?

[dancingmatt]

Hi all

Just bought a brand new N95 on Three (only been out for about a week or 10 days). Three have a 14 day money back guarantee - I can return everything boxed and cancel the whole contract, but only if I haven't used the handset or the SIM at all.

Now with other networks, I've been able to activate the phone, use it a bit, and if not happy then return it within a (limited) time period and only be charged for the calls and data I've used.

With Three, I can't even put the SIM in the phone and turn it on to receive calls and so test their network coverage in my area.

This doesn't seem at all fair. For example, before this I was on T-mobile and it was fine everywhere except at my parent's house in Southampton where it has absolutely zero signal. If I lived there, I would've sent that T-mobile back once I'd turned it on and found out. What if I had the same problem in my flat on Three - I'd be tied into 18 months of a contract for a service that I can't use?

As it stands I have no way to test their service to me without accepting their contract. Is this legal? Do the Distance Selling Regulations make any difference?

Your thoughts, expertise, etc. very welcome and appreciated!

DM

[BUFF]

I would imagine that if you bought it online/mail order that it does but if you bought it in a shop it doesn't.

[dancingmatt]

Hmm - I did buy it online. But other items I've bought online (all sorts of things) tell you about the DSRs, they don't mention it anywhere with Three.

DM

[BUFF]

there is an exception for:
"services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement"

http://www.oft.gov.uk/advice_and_res...ion-exceptions

[mightymouse]

distance selling regs only covers up to 7days, i think you're outta luck buddy, why dont you just delete everything and say you havent used it. if it shows on the minutes then just say you used the old phone say anything they wanna hear

[Tom Scott]

I thought under the consumer credit act you can cancel any credit agreement within 14 days as long as you have given the goods back, and given the company notice in writing?

[SHare]

Yeah, but strictly you can only cancel if your haven't used the goods. Different companies will be more relaxed about this. How about just sending it back, not using it and getting a better provider, take this as a sign of things to come.

[Ferral]

You have to contact them via e-mail or post before the 14 days is up or you will be stuck with it. There is a 14 day return policy on anything that has DSR.

[dancingmatt]

Thanks for the responses everyone. As it happens, I'm happy with the coverage on 3 in my part of London, even though their HSPDA isn't on yet, so I'm not returning it. But if another network could've come near their tariff deal, I might have gone elsewhere in protest at their 14 day thing. As it is, I recommend them if you want a new N95 and a good data tariff but not T-mobile.

[dancingmatt]

Thanks for the responses everyone. As it happens, I'm happy with the coverage on 3 in my part of London, even though their HSPDA isn't on yet, so I'm not returning it. But if another network could've come near theirt tariff deal, I might have gone elsewhere in protest at their 14 day thing. As it is, I recommend them if you want a new N95 and a good data tariff but not T-mobile.