Can I return a faulty phone and keep number?

Q

I upgraded to a Samsung S9 phone (pictured) at my local EE store, but although I can make calls, I often can’t receive them. I don’t think I have a 14- or 30-day period in which to reject the phone. But is there any way I can return it and – if I go to another provider – keep my number?

Iain Delaney

A

Iain can keep his number by asking EE for a porting authorisation code ( PAC) and giving this to his new provider. If the phone is inherently faulty, he can reject it for a full refund because when he emailed us he was well within the initial 30 days provided by the Consumer Rights Act.

Iain is correct when he says he doesn’t meet EE’S requirements for a 14-day refund. The network’s terms and conditions ( www.snipca.com/28737) allow a 14-day returns policy only if there’s no coverage, which doesn’t apply to him.

Also, he bought the phone in a shop, not online, which means he can’t use the Consumer Contract Regulations to justify returning it. These give you 14 days to reject an item whatever the reason (see also Alan Edge’s case opposite).

The CCRS give you the chance to examine an item bought online. But it’s not always clear when examining an item becomes using it. For example, if Iain had made calls on the phone, EE could argue this counts as ‘using’ it, not merely examining it, and therefore deduct money from any refund.

CASE CLOSED