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Severely disabled uncle bought a contract phone in-store. Unable to return it.

jonreid1992
Explorer

Hello everyone,

Before I start, I don't think anyone is to blame in this situation.

Today my uncle visited an EE store to inquire about getting a repair done on a feature phone he's had on contract for a couple of years. While in-store, he ended up taking out a 2-year, £30 per month contract on a smartphone.

My uncle is pension-aged, and is severely intellectually and physically disabled. He cannot work, and his only income sources are his Personal Independence Payment & his pension.

My uncle doesn't use the internet, he doesn't have an email address, he doesn't know what apps are etc. He's never even used a QWERTY keyboard or a touch screen before. The only things he's ever done with a mobile phone is make calls.

Sadly, he is completely overwhelmed by his new device, and wants to switch back to a feature phone.

I called the store in question and asked if we could return the device, but we were informed that since the device was purchased in store, Distance Selling Regulations don't apply, and the contract cannot be voided just because the customer changed their mind.

The salespeople from the store told me that my Uncle was quite enthusiastic about getting a smartphone, that they had no ability to refuse the sale, and that the agent who made this sale did nothing wrong, which is fair enough. Usually when my uncle makes big financial decisions my mother or grandmother tag along to make sure his needs are being met, but unfortunately he was on his own today. I think the salespeople know that on some level this sale was a mistake. I didn't mention my Uncle's name or the device he bought while on the call, but the salesperson immediately knew who I was talking about and why I was calling.

I'm aware that EE is under no obligation to let my Uncle return his new device, but is there nothing we can do here?

It sometimes feels like the world is tailor-made to punish people like my Uncle for the smallest of mistakes. Is there no-one we can get in touch with to see if EE can make a compassionate exception and let him return the device?

Thanks in advance for any help!

 

Jon

5 REPLIES 5
XRaySpeX
EE Community Star
EE Community Star

What you were told by the store is unfortunately correct & legal. When you've ordered in-store you have no "change-of-mind" right of return.

If you think I helped please feel free to hit the "Thumbs Up" button below.

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Yeah, I know we have no legal right to return the device. I guess I am hoping someone who works for EE will read this and maybe have some kind of solution for us, purely on compassionate grounds.

Browsing the forum I am seeing a worrying number of posts from people whose vulnerable relatives have been upsold things they don't need in-store 😔

@jonreid1992   It all comes down the the store manager if they want to terminate that contract not the sales person.   I highly recommend you speak with the store manager. 

To contact EE Customer Services dial 150 From your EE mobile or 0800 956 6000 from any other phone.

I will give it a try tomorrow. When I called the store this evening I got the impression that they had been discussing the sale, and had prepared for a member of my family to call them about it. It's worth a shot though.

Cheers for the help!

Leanne_T
EE Community Support Team

Hi @jonreid1992

Thanks for coming to the community. 

Please let us know how you get on after you have spoken to the store. 

Leanne.