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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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I verbally agreed over the phone to a mobile phone upgrade

Customer Question

I verbally agreed over the phone to a mobile phone upgrade but changed my mind and returned the phone to the shop within 4 days of it being delivered (unopened). i was told that during the phone call that i would have been warned that i would not be allowed to back out of the upgrade and that i was committed to the new contract. whilst i do not recall agreeing to this, would it be legally binding if i had or would i be permitted to return to my previous contract with my original phone?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume this is an upgrade? You already have a contract with this firm?
Customer: replied 3 years ago.

yes the original contract and upgrade is with phones 4 u

Customer: replied 3 years ago.

the original contract and the upgrade are with phones 4 u

Expert:  Jo C. replied 3 years ago.
Thats bad news Im afraid.

If you did agree to an upgrade of an existing contract then the distance selling provisions do not apply and so there is no automatic cooling off rights.

You can agree cooling off rights but clearly none were agreed here.

Unfortunately, for that reason you are locked into a contract.

Of course, they can release you if they choose. Sometimes they will. Sometimes not.

In terms of whether its binding, if you did agree then it is. Contracts can be oral. What you cannot do is contract out of the law so if the distance selling provisions applied to this contract the fact that you agreed to be locked in immediately would not be binding. Unfortunately though, they do not. It doesn't really matter whether you agreed to be unable to cancel or not out loud. Unless you specifically agreed cooling off rights, none will exist.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

ok thank you

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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