Funny story.
Remember back a couple weeks ago or maybe it was last Friday, anyways the phone the lovely Indian girl talked me into arrived.
And it most certainly wasn't the HTC that was promised me but some jacked up Samsung.
and it was broken.
And guess what? They won't take it back. So here's me stuck with 25 yos a month for a a year for a phone I didn't want, don't like and doesn't work.
I sincerely don't know who to hate more.
you have (as I sad at the time) a legal 'Get Out Time'. They HAVE to give it, no exceptions because it is under the trading laws. They try to wrangle it to 14 days but don't be having any of there nonsense, as it isn't worth the paper it's written on and they know.
they try it on because the normal day to day person doesn't know. You have 30 days. If you are not happy with the service or item provided (I.E. It doesn't work as intended), within that time then the trader is oblged to offer A. full refund. B. Replacement. C. (For mobile phones) a full cancellation of the service.
Dealing with C.? Why? Because by not providing you with working equipment that meets what was described or sold to you and or does not work as intended, then they are actually in beach of there own contract. (This is the other part they conveniently neglect to mention and hide in small print - what they themselves are obliged to do)...
Seriously - people need to cop on to the fact that they are a 'Service' and Equipment' provider. they don't control you [like they think] you are the customer and you have way more rights than they do or they think you do.
cancel the DD, send the dodgy equipment back (photograph it first and send it registered) and issue a statement that you are canceling the contract due to 'There' breach of said contract. state reasons.
Your obligations are taken care of - let them try to sue. They would and will lose. (Believe me - I've been there and done it!)
You can cancel any dd you want, they may chase you for the money but it's unlikely they would especially in macs case
100% correct. You are in sole charge of your account and you can stop any DD or S.O. you wish. Nothing illegal about it.
they'd sell the debt to bailiffs. those guys can make your life hell and it will end up costing far more than €500 once their fees are added on
Usually they send a 'Threatening letter' first. Phone them up and say. Are you recording this call. They may say no so ask them to do so. and then state.
The reason you canceled the contract. that you sent there equipment back. That also the company (Insert mobile company) breached the contract first due to there own failures (State them) and that if you send any more 'Threatening Letters' that you will sue them for harassment.
You may get one or two more, repeat being more strenuous each time. third time have a solicitor send a cease and desist letter, which usually does the trick.
If it does go to court the onus is on them to prove you in the wrong, 9/10 they don't bother and just let it go but if they did try they usually lose.
Don't be frightened of corporate bully's - I've taken on the ESB, Eircom, Mobile companies and won each time.. ye just have to know your rights under consumer law and it's a lot more powerful than some think...
