View Full Version : blackberry £42.50 pm - bought yesterday - how do i get a refund?
Right, bought my blackberry 8310 yesterday from a tmobile shop in london.
tried it out, and its just not going to work for me. Keyboards a bit dingy, some web pages dont load properly, and i need to put on my glasses to read the screen properly.
I want out of the deal i signed yesterday, but customer services have said they can only give a refund if the network coverage test fails in my area. The network coverage is ok so NO refund or exchange is possible.
Contacted the shop where i bought it yesterday, same story.
No refunds unless it fails network check. Exchanges only for faulty phones.
Thats what ive been told by the shop and ive phoned customer services today and they said the same thing. It just plain sucks.
Um i dont get it, and it will drive me nuts to put up with a phone i dont want and pay for another 18 months of use on.
I admit my mistake, signing without trying out, but then again it looked brilliant in the shop, just when i put it to test at home doing what i want it to do its just not good enough.
I would prefer a windows mobile phone like the vario 3.
Does anyone have any hints as to what i can do? Anyone know a way to get out of this deal?
Any legal way out, if needed?
Thanks
You have a 7 day cooling off period with any contract. You can email, write or fax them to cancel and get a refund.
Lourdes they said NO refunds only if a network test failed, and exchanges only on faulty items, which in my case doesnt. Both customer services and the tmobile shop rep said so.
hookbeak
25-11-2007, 07:22
then they are lying to you. They don't get to decide this, the law does.
You have a 7 day cooling off period with any contract. You can email, write or fax them to cancel and get a refund.
Unfortunately, the 7 day cooling off period does not seem to apply to shop-bought:
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles/
Mobile phones
What should you do if you find a fault with your mobile, or have a problem with your network service provider? Read on to find out about your rights, and what happens if things go wrong.
* Your rights
* Network service provider
* If things go wrong
Back to top
Your rights
If you have bought a mobile phone, it must be of satisfactory quality, fit for its purpose and as described.
When a mobile phone doesn’t meet some or all of these conditions, follow the advice below:
*
If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.
*
If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.
*
If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone.
*
If the phone cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the phone.
*
If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the phone.
The trader must sort out your problem, not the manufacturer
Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.
Back to top
Network service provider
When you buy a mobile phone, in order to make or receive calls you will need to be connected to a network. You may do this by having a line rental contract or through buying a voucher which will allow you access to the network. At this point, you will enter into a contract with the Network Service Provider. You have no rights if you simply change your mind.
If the service hasn’t been carried out at all, or totally fails to meet the way it was described, you may be entitled to a refund, compensation or both.
If there is a fault on the network or SIM card, you are probably entitled to compensation.
Important points to bear in mind:
*
Read the terms and conditions of your agreement with the Network Service Provider.
*
You have no rights if you simply change your mind.
*
However, you have seven working days to cancel a contract for goods ordered by telephone, mail order, email or fax, except for those goods which are made to order. See Returning or cancelling orders for more information.
*
If you bought on credit, you may be able to claim against the finance company. See Bought on credit? for more information.
*
If you choose a contract phone rather than a pre-pay phone, you will be committed to using a certain network, at a certain tariff for a minimum period of time without any legal right to change tariff or cancel,
*
You have no rights if you have not used or looked after your phone in line with any instructions.
*
Fair wear and tear is not a fault.
*
Your rights cannot be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee.
Back to top
If things go wrong
If you determine that there is a problem with the phone you have purchased, do the following.
*
Check there really is a fault - read any instructions very carefully. Check that the phone is charged and, if you can, check the strength of the signal.
*
Be certain that the fault was not caused by misuse, an accident, normal wear and tear or by not following the instructions.
*
If you can, collect together all the documents which came with the phone - including any contract, guarantee, instructions, leaflets etc.
*
If you have a contract phone, check your terms and conditions. If you have a pre-pay phone, read the terms and conditions booklet supplied with the phone.
If there is a problem, contact the trader straight away and report the problem.
If the fault is with the phone, you should contact the shop where you bought it.
If the fault is with the network or SIM card, you should contact the Network Service Provider.
See Making a complaint for more information.
It clearly says above that you have no rights if you simply change your mind. However, you are saying that you have trouble using it - forget using the web pages thing, that is just because some web pages are not designed to be mobile compatible, its not their fault. So essentially its the keyboard and screen that you have issues with.
Try going back to the store and talking to the manager and explain the problem. But if they are not willing to listen, try T-Mobile and then if that does not work, speak to your local Trading Standards. You might have an argument that the goods are not fit for its purpose for you, but that would be very subjective. Ultimately, you should have tried it out in the shop and been 100% sure before you paid for it.
caygs - thanks, but the above just seems to strengthen tmobile's hand and gives me no leg to stand on?
anyone know a way to get out of this deal?
splobber
25-11-2007, 13:11
moving to mobile phone forum
redrhino
25-11-2007, 13:25
caygs - thanks, but the above just seems to strengthen tmobile's hand and gives me no leg to stand on?
anyone know a way to get out of this deal?
what does the contract you've signed say. does it mention a cooling off period.
if nothing, best suggestion would be going back in to go back to the shop and have a word the manager and see about changing phones. think you'll struggle to shake the contract but may get a phone that works better for you.
caygs - thanks, but the above just seems to strengthen tmobile's hand and gives me no leg to stand on?
anyone know a way to get out of this deal? Afraid everyone is telling you the same - you should have been more careful. People can't give you a way out of the deal when there isn't one.
Like I have said, try talking to the manager, T-Mobile and Trading Standards for advice. But I think you might have to resign yourself to the fact that this is a very expensive lesson learnt.
Ricardodaforce
25-11-2007, 15:16
then they are lying to you. They don't get to decide this, the law does.
No, as others have stated, what T-Mobile have said is 100% correct. The cooling off period only applies when related to distance selling.
im quite dissapointed. Its my fault. Shame.
Ricardodaforce
25-11-2007, 18:44
im quite dissapointed. Its my fault. Shame.
As I said in the other thread, it is actually an excellent phone. Call T-Mobile's tech team about the browsing issue you have. It may have a simple fix.
Prufrock
25-11-2007, 21:01
Why not see if you can swap the handset for a phone more suited to your needs?
Thanks to all who replied here, appreciate the advice given.
They were due to call me back yesterday but didnt so i went into the tmobile shop today. The salesman said i caused him too many problems with sale and he wished he never sold it to me, then said doesnt want to talk to me and to stop wasting his time, take it to head office if i have a complaint. This is just an 18 yr old salesperson, and i had no wish to put him in a difficult position, but i would have appreciated an exchange. I found the attitude a bit disconcerting, i had gone in a with a smile on my face and just asked for an exchange if possible. The manager said, no exchanges, no refunds and i got the idea they were just waiting for the 7 days to run out and although i only spent 5 mins on friday to buy the phone, he said some customers spend 30 mins and make sure first.
So im stuck with it, maybe i will try to sell it on ebay and buy a vario instead.
Well ok, having decided to keep the handset i tried to contact tech support to enable internet - they said it was £5 more than the £42.50 i had been charged instore, and asked if id like to pay it to enable internet - i refused. Contacted store again, spoke to assistant manager, said the deal agreed friday was for internet enabled on the blackberry for £42.50, he agreed as he had been there when i was there, although i was served by someone else. He offered me a return. He put me on the phone to the original salesman to deal with it, and he said to me: "I wish i'd never sold you that phone now, all the trouble youve caused me and got me in trouble with my manager, couldnt you afford just another £5 a month, its not that much more you know, and think of all the trouble and paperwork it would cause me if you didnt?"
I simply said that although $5 a month wasnt that much, we had agreed and signed the deal including email enabled on the blackberry 8120 at £42.50, and regardless of the inconveniene caused why should i pay more? Salesman replied "Never come to me for any phones again, go to another tmobile store"
Result, can now go in and do a return on phone. I guess i cant please everyone, and most times i do try to be nice to everyone, but this time with the attitude of the sales person, its put me right off tmobile shops for good.
LOL - wonder whatever happened to "the customer is always right"?
Especially with the networks so desperate to stop churn and the fact that bad service gets reported right onto the 'net you'd think they'd get their act together.
woz yeah. leaves a bad taste in my mouth this one. But live and learn eh?
Prufrock
27-11-2007, 20:54
sounds like you had the same issue as me, except my phone was the MDA Vario III - the situation is different in that I absolutely love the phone and don't want to change it. However, when I took out the contract, I was told the phone was HSDPA and all I needed was web'n'walk to use it as an HSDPA phone. Turns out this wasn't true (T Mobile had to enable it on my account) and I was told I'd need to pay an extra £5 a month for web'n'walk plus on top of the £7.50 I was paying for web'n'walk. Had a CS manager phone me back after I complained, to let me know that he'd enabled it on my phone and that I could have it for free for the duration of my 18 month contract (it appears on the bill, but then there's a credit for the same amount). I was happy with that, esp. as I got my vario iii for free too when it was meant to be £99 on the package I went for.
Ricardodaforce
27-11-2007, 21:03
Name and shame em! Which branch of T-Mobile is it?
Prufrock: I take it u bought online? Outstanding deal, and well done on a great phone which im after, actually. Hows it going? How would u rate your experience of the vario 3 out of ten so far? Can you get push email on it? Does this HSDPA thing mean you can use it as a modem or somethin else? Anyway im goin into the store tomorrow to do the return, fingers crossed, then I'll look for a vario 3 deal elsewhere.
Ricardodaforce: as requested:
NAMED AND SHAMED
Tmobile Shop
Unit D
Ledenhall Market
London EC3 1LS
Prufrock
27-11-2007, 22:15
Got mine in a shop.... :D
Ricardo, not the shop near to me.... :p
Actually went into two different T Mobile shops to see which one would give me the best deal. The first one wanted £50 (said the phone should be £120 on the tariff I wanted) for the phone on flext 35 with web'n'walk. The second one gave me the phone for free on flext 35 with web'n'walk. £37.50 a month on an 18 month contract, and getting web'n'walk plus for free for the duration of the contract for the failure to explain that I'd need more than just web'n'walk to use HSDPA. T-Mobile online had the phone on this package for £99.
type, the phone's absolutely great. I really love it. I'd go as far as to say it's the best phone I've ever had and it does everything I need it to do. I can dump a load of other stuff because of this phone (PDA, etc). Got to say T Mobile has the best data tariffs out there at the mo, too.
You get push email and the HSDPA thing means you can use it as a high speed modem (I don't, though - was never my intention to, either - actually wanted better speeds when using the phone to surf and stuff). 10 out of 10. Look at the Tytn II thread on this board for other people's views of the phone. As Tony the Tiger says......they'reeeeee GREAT!
To be totally honest with you, type, you're best off with T Mobile if you plan to use the MDA Vario III for data transfer, as T Mobile does have the best data transfer deals out there. Try another T-Mobile shop for the phone. I know it's meant to be free if you take out flext 45. You could possibly wangle it for free on flext 35 with web'n'walk plus for £42.50 a month. Like I said, I got it for free on flext 35 with basic web'n'walk for £37.50 a month. It all depends on how much money the store has left to put towards discounting the phone.
Ricardodaforce
28-11-2007, 07:54
I am positive that the Blackberry is NOT HSDPA compatible. The fastest network Blackberrys run on is Edge, where Edge is available. My 8100 is a T-Mobile one, and I have NEVER found an Edge connection in the UK. In fact the only place I have had one is in the Maldives!
More details at:
http://eu.blackberry.com/eng/devices/device-detail.jsp?navId=H0,C221,P583#tab_tab_specifications
Prufrock: right ok, thats all i need to know. Then this is the phone for me. Thanks
Update-did return today. Salesperson wasnt very pleased. Told me to go to another tmobile shop in future. I think i will take his advice. Why should I pay £5 more than what was signed for? Thats +£90 over 18 months. What i didnt like was being singled out as if to make me feel guilty for getting the salesperson to do work for which he is already paid, and also to be blamed for his incompetence. That just sucks. Anyway, got the result, I dont think im very popular with this tmobile shop and i have found service there lacking.
Will look around elsewhere now for a vario 3 deal.
Ricardodaforce
28-11-2007, 17:51
So where is this awful shop?
Prufrock
28-11-2007, 19:54
Actually, I don't get this...you were told you'd need to pay an extra £5 per month to have the "internet enabled" on your phone? What exactly would you be paying for? Which flext tariff are you on? The price you're paying looks as if you've already got web'n'walk in with your contract (flext 40 plus web'n'walk = £42.50 per month at the mo). Web'n'Walk is £7.50 per month with £5 extra per month for web'n'walk plus, which would enable HSDPA. If Ricardo is correct and that Blackberry isn't HSDPA compatible, you'd be paying an extra £5 a month for nothing. I thought the email thing on the blackberry was another £10 a month, if that's what they were talking about.
type, as said, try a different T-Mobile shop - they do vary. ;)
Ricardodaforce: as requested:
NAMED AND SHAMED
Tmobile Shop
Unit D
Ledenhall Market
London EC3 1LS
Prufrock:
Ok the blackberry 8310 came with web and walk plus inc flex 35(?) the one that give 900 mins or 1800 texts. In total was £42.50. The guy had asked, ok would i be using it as a modem. I said yes. (so can confirm the 8310 was enabled to work as a modem in the shop). Was told to go to a web address at home to enable instant email. Got home, couldnt do it. Cust Services said it would cost another £5 pm to enable instant email. Hence my queue to do the return, which I was previously told was impossible.
Hope that explains that.
Ricardodaforce
29-11-2007, 05:48
http://www.instantemail.t-mobile.co.uk/ is the web address to set up your instant email. You have to subsribe to the Blackberry Internet Service (done through the shop usually) which costs £10/month on T-Mobile.
Prufrock
29-11-2007, 12:28
Thanks for that, type. The salesman didn't mention the extra £10 a month charge for using the blackberry's internet service when selling you the phone, so he misinformed you about the phone and the contract. Still love to know what the £5 charge was for that you were quoted. Blackberry stuff is an extra £10 a month, not £5.
joconnor
29-11-2007, 16:04
I would contact head office to complain. The assistant sounds like a right little turd.
I would explain that you were mis-sold a phone and when you tried to exchange it you got guff off the assistant who said you were a lot of trouble and in future don't come back to the shop. I know a few managers of various stores, like HMV and Game, and if one of their assistants said that to a customer the least they could expect is having a new arse torn for them.
internetuser
02-12-2007, 22:11
if you contact tmobile online via the website, they are very good at sorting issues out.
I got a free mda vario out of them for problems with a store (my faulty one took 3 months to repair...) and a few people I work with got upgraded phones due to issues with the ones they had.
KennyVader
03-12-2007, 03:52
I would contact head office to complain. The assistant sounds like a right little turd.
I would explain that you were mis-sold a phone and when you tried to exchange it you got guff off the assistant who said you were a lot of trouble and in future don't come back to the shop. I know a few managers of various stores, like HMV and Game, and if one of their assistants said that to a customer the least they could expect is having a new arse torn for them.
I agree, central T-mobile CS are very good (when you can get through to them, e-mail works well and then they call you back) - get the turd removed.
As for the extra charges - well that's Blackberry isn't it. They don't call it the "Blackberry Tax" for nothing. Quite why people bother with Blackberry now when there are fab Windows Mobile-base devices like the HTC Touch available from T-Mobile with none of the hidden charges, privacy and single point of failure issues that there are with Blackberry continues to baffle me.
Ricardodaforce
03-12-2007, 07:20
Well I love my Blackberry, and have never had a problem with it. Also why shouldn't RIM charge for provision of push email? If I had an HTC Touch and wanted push email I'd have to pay for Microsoft Push too.
Thanks to all who replied to this thread.
HAPPY ENDING
Got the phone returned to tmobile. Got the contract cancelled. Nothing further to pay. I dont hold grudges, just move on and never go back to that shop again.
Today i got a rarther good result, from 02 upgrades...
02 Xda Stellar
750 mins/ 1000 Texts
Unlimited Data
£27.50 pm + £59.99 for handset.
18 mth contract.
Can change tarrifs after 9 months.
I took it!
HAPPY CHAPPY NOW :D
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