Right, I'll spare you the finer details.

Picked up a new wireless commmunication device last week from the Vodafone store – I was seduced by the shininess of it of it all…got a bit excited at the prospect of a phone as good as an iPhone but not actually an iPhone. A week later, I just want to throw it against the wall everytime I use it. Crap touch screen, crap menus, crap Apps, interweb keeps crashing, everything is soooo painful to use on it…can't import my mail account. I can't face 15 months using this piece of sheeee-ite.

Did a bit of searching and found that Vodafone don't have their 14 day cooling off period for in-store purchases anymore (finished it in March) whereas, it's still in place for interweb orders and jellybone orders (distance selling regs I guess).

Is there anything I can do? I didn't necessarily want to go for an iPhone – but having used the one I have, the iPhone seems like the best thing ever (man!!!) and I just think I'll wait for that.

On a final note, I got a panicky call from the guy in the shop today saying that he has no signed copy of the contract – I only signed my copy (which I still have). He was a nice enough guy and I don't really want to get him into trouble, but if all else fails, can I just drop the boxed phone on his desk and say "tough, I ain't signing nuffin mate"?

I'd be happy to stay with Vodafone and wait till January for the iPhone…have I got a hope in hell?

Why not offer to sign a new contract if he agrees to change the phone to something that works for you?

Surely the phone needs to work properly – go and ask for a different phone on same contract.

Do you think that might work? Could I ask to be put back on my old one or go month to month until the iPhone comes out on Vodafone?

If you were taking out a contract, that is effectively a credit agreement, so you should have a cooling off period still. If it is a regulated credit agreement it should state in your paperwork somewhere that you have time to change your mind, no matter what Vodafone themselves say.

That may not cover the actual handset though, depending on how the contract is set out. If all else fails though, if they don't have a signed contract, it's useless to them, and un-enforceable. Just dump it back on them.

I take it this was an upgrade? most networks didn't have a 14 day cooling off period for upgrades as you were deemed to already be happy with the network.

ANd the salesman is not panicking for your benefit.

Selling mobiles is probably one of the easiest sales jobs

Umm, no, it wasn't an upgrade as my previous contract had run out. Though, not sure, I suppose it was in a way wasn't it?

Pieface, what do you mean?

what phone is it? you mention shiny and iphone-type. not an LG arena is it?

The salesman will be panicking because he won't get that sale as he's not go the signed contract. He's only thinking of his own benefits. This is your way out of the contract. Don't worry about him getting into trouble, he only has to make another sale to get back on track.

Yup – breach of contract – does not do what they saiud it would.

Argue hard!

Sadexpunk, it's a Samsung H1. Nice enough but lots about it gets on my nerves which isn't good after a few days.

So, Pieface, if they haven't got a signed contract, can I play that as my Joker card, even though I paid a small upgrade charge on a card and have used the phone for a week?

Wasn't the "almost an iPhone but better" Samsung thingy was it by any chance? They're offering me one as a cheap upgrade and I'm wondering if it's cos it's shite?

3 seconds in a microwave "sorts" phones out. 😉

So I'm told….

Speeder, that's the one except it's not better! I don't really want to "break" it as they'll just make me take a new one won't they?

Thought it might be – my last phone was a Samsung and it looked great and had loads of potential but just ended up being crap because of the interface being all ar$e about face. Not sure I'd trust them to have worked out some logical way of doing things yet.

i had a similar thing with Three – they offered to give me exactly the same phone as a replacement and insisted that they couldnt do anything else but I was tied into the contract,

In the end I made it very clear to the manager that I wasnt going away quietly and when he told me that he had no discretionary powers I firmly asked him to contact his area manager and get some . . . . Worked for me though I may have been lucky.

If they havent a signed contract then I'd probably go down that route although be aware of binding 'implied' contracts i.e you used the phone so become bound etc

..got a bit excited at the prospect of a phone as good as an iPhone but not actually an iPhone. A week later, I just want to throw it against the wall everytime I use it. Crap touch screen, crap menus, crap Apps, interweb keeps crashing, everything is soooo painful to use on it…can't import my mail account. I can't face 15 months using this piece of sheeee-ite.

Sorry for your predicament, but isn't this what (smug) iPhone users have been telling you for ages?

DrJ, you're not wrong! Mrs deadly's smug-o-meter is on maximum!

N97. Job done.

Have you tried calling them? I'm a bit of a phone tart and come upgrade time tend to have a play with a few. Vodafone have always been very decent to me – I went through 3 phones the time before last over a month and they were cool with that.

David.

Or is it that you just can't work it?

I'd recommend one of these, I'm a techno-phobe and it works good for me:

My phone

I'll try the nicey nice approach first in the shop and if that doesn't work, I've always got the fact that they don't have a signed contract, though slightly worried about an "implied" contract as mentioned by one of the posters above.

Sell the phone on Ebay for a good chunk of money and then buy the phone you want.

Easiest way I reckon. I assume there's no 14day exchange as when you buy it in store you can use a demo handset and check you're happy with the phone. Something you can't do with internet or telephone sales.

DD the nice approach doesn't work. I used to work in the call centre for a large profit hungry, shite on your customers mobile phone retail company. Don't waste your time calling into a store or call centre go direct to the shop and play hell with them. Go in early, They will want you out of the shop before it gets busy. Store manager should be able to sort something out. Tell them you were mis sold. The sales rep stated the phone was the tits right and it doesn't work for you at all. The lack of a signed contract is interesting. If the sale was over the phone/internet you may have been stuck after the cooling off (distance selling rules) however in branch they have to have a signed contract to send to the network and keep for their records. If they don't have this then I think this is your chance to get out of the contract. As mentioned above an "upgrade" is any change to your contract terms, regardless of you being in or out of contract. eg you can upgrade in month 19 of a 18month contract. Suggest you be firm and lay out all your demands. Refuse to speak to anyone on the phone and deal with the manager only.

Good luck,

Ps I hate phone companies and their contracts! bastids.

2hottie.

only a property sale/purchase requires a signed contract , all other goods are classed as chattels where a handshake or verble agreement form the contract [iirc]. the salesman just neeeds it for his commission .

UPDATE:

Turns out a bit of persistence works. Went in on Sunday – made sure there were other customers in the shop. Said that the phone was pretty useless and not really up to the job.

Salesman came back with some defense – the phone is the dogs, Vodafone 360 is not a rushed out service in continuous need of software updates…fired his best shots, I'll give him that much.

I hit back with more I've been a Vodafone customer for years…you know the shit….blah blah blah. Then there was the slightly annoyed salesman doing the pointing at the terms and conditions on the back of the till – at which point bad-deadly came out of his box and in tones loud enough for other customers to overhear, started the whole "I want to do this nicely, not just throw the box back at you, cancel all my direct debits and fight it out with whoever I need to fight with at Vodafone…"

Then there was a "let me speak with the manager" and a phone call yesterday to say the phone could be returned and the contract rescinded. While I was in the shop today doing it, another young girl came in with the same handset saying "I can't get on with this phone…" and she let them fob her off. Desperately wanted to catch her and tell her to persist.

Anyway, I'm waiting for the iPhone now.