Home Home, Law & Money
If you need urgent support, call 999 or go to your nearest A&E. To contact our Crisis Messenger (open 24/7) text THEMIX to 85258.
Options

Can I get a refund?

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.
Beep boop. I'm a bot.
«1

Comments

  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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
  • Options
    BunnieBunnie Posts: 6,099 Master Poster
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Littleali wrote: »
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just get a port authorization code to change the number you have now onto a new contract.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    MrG wrote: »
    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)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    koe_182 wrote: »
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    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 :)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    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?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    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!
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Nikki* wrote: »
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    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?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I can. I only said that because of what you said.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sofie wrote: »
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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)
  • Options
    littlemissylittlemissy Posts: 9,972 Supreme Poster
    Sofie wrote: »
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    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.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    To be fair, it's entirely up to Sophie to make what ever choice she wants to make
Sign In or Register to comment.