Can I get a refund?

[Sofie]

I was due for an upgrade last Saturday and got told that I could go in on Tuesday evening and get a new phone. The man who served us had to phone up Sainsburys(this is where I got my contract from, but my parents thought we could get it at the Carphone Warehouse) and I got told that I should have my phone sometime Wednesday.

I got asked on Tuesday what phone I wanted and the man on the other end of the line mentioned a few phones to me and I asked if one had an MP3 player. He said yes and then I said that I'd take it.

I decided today that I wanted to put some music on my phone but because the memory wasn't big enough.

So, anyway, I went down to the shop and asked if they had any memory sticks to fit my phone. They told me that there was no such thing for my phone.

I had a look on the Sainsburys Mobile website and it said 'You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service.'

Now, is it possible for me to get a refund because I was mislead? Just to point out, it is possible to put songs on my phone but I can only get 4/5 on there - but it didn't say anywhere how big the memory of the phone is.

[Littleali]

i wouldnt say you were mislead as songs actually fit on the phone

i seriously reccomend researching phones before you get them

also didnt someone tell u in the net & tech section that it had poor memory that couldnt be expanded?

i know most phone companies let you return the phone within 14 days if you're unhappy

i suggest ringing up or going in and finding out

[Bunnie]

With phones and alike, you normally have a 14 day period in which you can cancel your contract, get a refund etc.

Go into the store, because tbh, they wont really know what to do, so hopefully they will just sort it.

[CheeseOnToast]

Yeah, did you order the phone over the phone? (excuse the cliche)

As you should be able to use the Distant Selling Regulations card if so.

Also, what phone is it? I fail to see any decent phone being non-memory card compatible, especially if it has an MP3 player

[Sofie]

i wouldnt say you were mislead as songs actually fit on the phone

Only a few. Be honest, if you were offered a phone and got told that it was able to play songs, wouldn't you think it would play more than than a couple?

i seriously reccomend researching phones before you get them

I did. And it even said on the website that I got it from that 'more than a few' songs would fit on there.

also didnt someone tell u in the net & tech section that it had poor memory that couldnt be expanded?

After I got the phone, yes.

[Sofie]

Yeah, did you order the phone over the phone? (excuse the cliche)

Yes I did.

Also, what phone is it? I fail to see any decent phone being non-memory card compatible, especially if it has an MP3 player

Nokia 6111.

[Littleali]

Only a few. Be honest, if you were offered a phone and got told that it was able to play songs, wouldn't you think it would play more than than a couple?

not really no, as i'd probably have asked what the memory spec was

as people have said tho, u can probably send it back so dont worry too much x

[Babyshambler]

You should have a 14 day colling off period to return the phone and therefore cancel the contract - do it, and keep all proof of postage.

[Sofie]

You should have a 14 day colling off period to return the phone and therefore cancel the contract - do it, and keep all proof of postage.

I think that's what it said on the website. In order to take it back, I need the invoice/receipt thing which I have anyway.

[cocoonrecs]

I don't think you have been mislead, however you should be entitled to a refund, if your not - im sure if you push it you should be able to swap it.

[Kermit]

You won't be entitled to a refund as such- you are liable for the calls made in this period- but under the Consumer Credit Act 1974 you do have a 14-day "cooling off" period where you can decide to terminate the contract.

[Jim V]

It seems clear to me that the phone absolutely fails to match any decent person's standards of what you'd expect after asking for a phone with an mp3 player as a priority.

As Kermit mentions you can cancel the contract - do so immediately, or threaten to do so, I'd also make a formal complaint against the company - there's no excuse for a major company to behave this way.

But at the very least get in there and cancel - that should immediately result in them offering to change the phone.

[Sofie]

I don't want to cancel the xontract - it's fine as it is. And if I did cancel then I'd have to go through the hassel of changing my sim card to PAYG or finding another contract and changing my phone number. I am hoping to go back tomorrow and change to a better one. (which does have an MP3 player and does have a decent memory)

[MrG]

Just get a port authorization code to change the number you have now onto a new contract.

[LuckyStrike]

Just get a port authorization code to change the number you have now onto a new contract.

she's happy with the contract tho, just not the phone.....

she just needs to ring up say you dont like the phone, they will swap it (within 7-14 days or whatever your provider says)

[Sofie]

she's happy with the contract tho, just not the phone.....

That's correct. Spoke to my parents earlier who have decided that we could keep the phone as a spare, keep the contract but get a better phone from eBay.

[Kermit]

To be quite honest, that is rather silly. JUst threaten to cancel the contract, they will change the phone to one that is right straight away.

These companies need you- customer retention is shocking- and you are in the position of power. Threaten them and they will be sweet as pie.

It always amazes me how people in this country refuse to argue the toss with these companies.

[Sofie]

How is it silly? It'll be easier than going through the hassle of phoning up whoever it is, then going down to wherever then changing the phone and having to wait to get my new phone.

[Littleali]

How is it silly? It'll be easier than going through the hassle of phoning up whoever it is, then going down to wherever then changing the phone and having to wait to get my new phone.

how is keeping a shit phone that u dont want, easier than making a phone call and nipping to town?

seriously....even on ebay....for a decent phone, you'll pay a fair price, then you'll have no insurance and nothing to fall back on if its faulty...you'll be stuck with a "spare phone that u dont want" and a "broken phone that ebay seller wont change because you;ve had it a week n left postive feedback"

whats the point in keeping it as a "spare"?

you might as well get a decent phone, after all, that IS what you're paying for!

just my 2cents :)

[Sofie]

Well, mum has said she is having slightl problems with her phone (it keeps turning itself off or something) and it does mean that I don't have to rush around trying to find my charger just as I need to go out.

We've always had spare phones. When we get new phones, either someone else ends up with them or we keep them just in case we need them for one reason or another.

[Nikki*]

How is it silly? It'll be easier than going through the hassle of phoning up whoever it is, then going down to wherever then changing the phone and having to wait to get my new phone.

To be fair, you're going to have to wait for your phone to arrive off Ebay anyway, and probably alot longer than if it was coming from the network. Most networks send out phones the same day you order them, I don't know anyone who's waited more than 2 days for a new contract upgrade (although mainly on Orange or O2), and some shops will swap them there and then.

Even if the worst comes to worse and you do have to wait a while, have you not got another old phone? What happened to the phone you had before? Does no one else in your family have a spare phone?

EDIT: Just noticed you said you already have spare phones. Surely you could use one of those while you waited for a new one, when you're not likely to be waiting more than 48 hours?

[Littleali]

Well, mum has said she is having slightl problems with her phone (it keeps turning itself off or something) and it does mean that I don't have to rush around trying to find my charger just as I need to go out.

We've always had spare phones. When we get new phones, either someone else ends up with them or we keep them just in case we need them for one reason or another.

so in other words, ur gonna fork out for a phone for your mum to use when hers is dodgy?

why not get decent phone from your provider and if you're INSISTANT on having a spare phone, get THAT one off ebay, that way it'll be cheaper..?

EDIT : why will keeping this phone mean you wont have to rush round looking for your charger before u go out? dont get that bit!

[Sofie]

To be fair, you're going to have to wait for your phone to arrive off Ebay anyway, and probably alot longer than if it was coming from the network. Most networks send out phones the same day you order them, I don't know anyone who's waited more than 2 days for a new contract upgrade (although mainly on Orange or O2), and some shops will swap them there and then.

The one I've got now, I only had to wait 24 hours for it to be delivered.

Even if the worst comes to worse and you do have to wait a while, have you not got another old phone? What happened to the phone you had before? Does no one else in your family have a spare phone?

The one I had before my current upgrade, the battery isn't functioning properly. We do have some old phones but we don't know where any of the chargers are.

so in other words, ur gonna fork out for a phone for your mum to use when hers is dodgy?

She's the one paying for it; not me. And it's always good to have a spare phone. It does mean that if for any reason 9and it has happened before) if mine goes gunny, I've got a spare one that works.

why not get decent phone from your provider and if you're INSISTANT on having a spare phone, get THAT one off ebay, that way it'll be cheaper..?

The one I want I can't get and there wasn't that much of a selection anyway.

[Nikki*]

The one I've got now, I only had to wait 24 hours for it to be delivered.





Is there any reason you can't live without a phone for 24 hours?

[Sofie]

I can. I only said that because of what you said.

[Littleali]

fair enough sofie, youre decision ....

but whats the point in your mum paying good money for a contract for a shit phone for YOU/HER, then buyin a decent one from ebay for YOU?

if you have a shit selection of phones...what choose that contract?

[Kermit]

How is it silly? It'll be easier than going through the hassle of phoning up whoever it is, then going down to wherever then changing the phone and having to wait to get my new phone.

So its easier to fork out a large wedge of cash ("free" phones are anything but" for a phone that was mis-sold and that you don't actually want?

People will do anything to avoid kicking up a stink. It's such a shame. It's why customer service in this country is so awful.

[Sofie]

Well, it's much easier for me to do that than try taking it back and trying to get the one I want. (which I can't apparantely and the other one I want, is only on another network)

[littlemissy]

Well, it's much easier for me to do that than try taking it back and trying to get the one I want. (which I can't apparantely and the other one I want, is only on another network)

I don't really see how it is easier, tbh. Instead of sending it back and getting a replacement, you are bidding on eBay, hoping you will get what you want, getting a phone that you don't really know if it works well or not as it is probably second hand, not having the option of insurance so that if you drop it and it all breaks one month down the line you are not covered ...

I know which option I would choose.

[Nikki*]

I don't really see how it is easier, tbh.

Same. Your only reason that stands up is that you can get the phone you "want" off eBay... but you were more than willing to settle for this one when you thought it met your standards.

[Jim V]

To be fair, it's entirely up to Sophie to make what ever choice she wants to make

[BritJamez]

To be fair, it's entirely up to Sophie to make what ever choice she wants to make

It seems she has more money than sense though. Be fair.

[Sofie]

It seems she has more money than sense though. Be fair.

How? It's just easier for me to get one off ebay. Then I can get the one I want and don't have to sent the other one back.

[BritJamez]

How? It's just easier for me to get one off ebay. Then I can get the one I want and don't have to sent the other one back.

Why not get the one you want for free from the shop.

Then buy a nice one on ebay also!

2 nice phones, no extra money spent and less time waiting for the phone you want!

Truth is: you are afraid of having a discussion at the shop about this. You're a wuss and don't want to confront them. Kop out!

[Jim V]

Truth is there can be many, many reasons someone might not want the hassle of going back to a shop, or getting drawn into a long process when a simple solution is at hand. There may be, after all, more pressing things in life than dealing with a particular phone.

Whatever the reason, just ratchet it down a notch, advice is one thing, but people are entirely entitled to ignore it, especially when they may have found a solution that seems easier.