14 day cooling off period on upgrade

[Iang73]

I recently upgraded as my contract was ending, I had a 30% friend and family discount and at the start of the upgrade it was stated this discount would be applied to the new contract.

When I completed the upgrade I received a text stating my discount had ended. After a phone call to customer services I was told I could have the discount applied but it would only be on the line rental not the handset. 

Unfortunately this would still make the contract far more expensive then I could get elsewhere,  so I have decided to return the device and cancel the contract under the 14 day cooling off period. 

The customer service representative was very good about explaining what to do and advised me to refuse the device when delivery was attempted as this would be quicker then accepting it and then returning it. So that's what I did, but now when I try to cancel my contract under the 14 day cooling off period I get a text saying I have to pay the full contract and the price of a handset I never received. 

Can anyone offer any advice? 

I upgraded on 16/03 refused the handset 17/03 and am worried this will drag on past the 14 day return and I will be tied to another 2 year contract that I don't want.

[bristolian]

It's correct that, on the newer FlexPay plans, F&F discount applies to the airtime element and not the finance-loan. This should be considered when comparing FlexPay with the traditional "all-in" type plans which seem to attract criticism in recent years.

The 14day statutory cooling-off on an undelivered device could feasibly be exercised, one of two ways.

1: Refuse delivery of the device when delivery is attempted - DPD should usually require a PIN before handing the bag over, so just don't give the valid PIN and let the courier return it.

2: Accept delivery and then request a return via the usual channels.

The latter clearly involves more admin on your part, the former option evidently more straightforward from your point of view. It may take some time for the delivery to be returned and your account updated with the returned order, I suspect this explains the advice regarding costs.

The 14day statutory cancellation is not based on when an item is physically returned - if you have notified a seller of intention to cancel, that is what matters. For delivered items that you request a return of, you have 14days to advise of return (which counts from the day after receipt) and subsequently 14days to physically return.