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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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last night I was phoned and given the chance of a fee mobile

Resolved Question:

last night I was phoned and given the chance of a fee mobile phone, I was given the impression that it was my current provider 3 but have since learned that it was o2 provided by a company called arie, I have since contacted them and have been told that there is no way I can cancel the contract , is this correct
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

If a consumer enters into a mobile phone contract over the telephone, then the Distance Selling Regulations (DSR) currently apply.

 

The usual cooling off period for a service contract to which the DSR applies is 7 days from making the agreement. However, there are two key elements for calculating the relevant cancellation period as it can be shortened or extended, depending on the circumstances. The first issue is when it was agreed that the service would start and the second is whether the supplier has provided an appropriate written contract, containing cancellation rights, in a durable form (i.e. email or paper).

 

If the written contract is provided before the service starts and the consumer agrees to the service starting before the end of the usual cooling off period, cancellation rights will end when the service starts.

 

If the consumer agrees that the service can start before the usual cooling off period ends, but the written contract is provided after the service starts, cancellation rights will (save for certain specific exceptions) last for seven working days after the day the consumer receives the information.

 

Thus, if the agreement was made within the last 7 days and the phone service hasn't started yet, the cooling off period should still be in operation. The company should be informed ASAP via letter and email of the cancellation and any goods returned by recorded delivery once they arrive. An example letter for cancellation under the DSR can be found here:

 

http://www.which.co.uk/consumer-rights/action/letter-cancelling-a-contract-for-services-made-at-a-distance

 

I hope that's helpful but please don't hesitate to let me know if I can clarify anything.

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