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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I just signed and bought an iphone today from carphone warehouse

Customer Question

I just signed and bought an iphone today from carphone warehouse they told me it was with vodaphone which is what I wanted. On getting the phone home I see it is with EE , I should have checked but I took his word it was with vodaphone. Looking on carphone warehouse site it states you cannot change from EE there is no cooling off period. What can I do I am really upset
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume you did this in store?
Customer: replied 1 year ago.
Yes,
Expert:  Jo C. replied 1 year ago.
If the deal was in store then the DSR doesn’t apply so you don’t have automatic cooling off rights.
You will have them if the company offers them but clearly they do not here.
You could try to challenge it on the basis that there was a misrepresentation. Indeed there was if he said that this was vodafone rather than EE. The difficulty will be that they will not accept that and you will risk a default of your credit rating or being taken to court. If the latter happens then you might well succeed but it is a risk.
You can complain to the Ombudsman.
Or you could go back and complain. Often complaining achieves far more than the law would.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
But if the gentlemans remembers in store that it should have been vodaphone but EE wont cancel it there may be nothing they can do is that right?
Expert:  Jo C. replied 1 year ago.
Then you could argue there was a misrepresentation. If he accepts that he did say that then you have proved there was.
Customer: replied 1 year ago.
will try that thanks
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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