My wife has just upgraded her phone and taken out an 18 month contract over the phone with the carphone warehouse. She was offered 600 min talk time and 500 texts per month with £150 cash back over the contract period. The phone arrived today and on the contract it stated 600 min and only 100 texts and no cash back. She phoned them back and they confirmed that this was what had been agreed to. Not the case. To cut it short they said they will dig the tapes out but may take up to 14 days. I have a feeling that when she rings back they will know nothing about it. Where does she stand legally ? They say she can't cancel the contract. If she does what will happen ? We are quite happy to take them to court over this as it was not what was agreed. Any ideas or legal points will be much appreciated. Thanks in advance.
2006-12-28 05:30:00 · 13 answers · asked by lyndon747 2 in Consumer Electronics ➔ Cell Phones & Plans
If memory serves right, the distance selling act allows you a cooling off period. you have the right to cancell the contract - but you must do so in writing (keep copies of all correspondence).
If you have been landed with a contract that differs from what they said you were going to get, then they are in breach of contract, and are liable for mis-representation.
Contact your local trading standards, look under council in the phone book - they are very helpful.
2006-12-28 05:49:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I feel your fraustration. This is an ongoing problem that’s a few people in the UK are experiencing. You have a few right as a customer. I know the following from working in a company that looks at network providers in the UK.
Fisrtly, you have 14 working days to cancel your contract (should have been explained to you on the phone) should the good not be as described to you. This is a standard agreement with all UK based network providers.
Secondly, you should be able to take the goods back to your nearest Carphone warehouse and request for the contract to be put on hold until the problem is resolved…otherwise the time it takes for them to dig out the recording (should they bother to do so), your cooling of period will have run out. You will be surprised how many people are unaware of this hence taken for granted and tied into a mobile network contract that they do not want.
And finally, clearly you are unhappy with the services you are getting from Carphone warehouse. And technically you are out of your current contract, so you can choose to go to another provider. You could ask for a PAC code (from your current provider) and then port your number over to another network provider…should you wish to keep your current number.. This should be given to you within 2 working days. Otherwise just go for a new contract from another provider and you will get a new number.
Read about a few things that may be usefull to you: (http://en.wikipedia.org/wiki/Porting_Authorisation_Code). Telecommunications service is regulated in the UK by Ofcom (http://en.wikipedia.org/wiki/Ofcom). I hope this helps.
2006-12-28 07:09:14 · answer #2 · answered by gregg G 1 · 0⤊ 0⤋
You have a standard 14days to change your mind.
I would contact them straight back and advised if they cant give you the deal you want ask them how you go about returning the phone to them.
I wouldnt wait for the tapes to be found as this may take you past your 14days. There is no point going to the ombudsman at this point as they will only look at it if have followed the carphone warehouses escalation procedure. So i would advised to call back and speak to a manager. If you cancel the contract after the cooling off period you would incur a penalty fee which is usually the contract line rental to the end of your commitment.
Call back asap
2006-12-28 06:23:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Within the first three working days, return the set to the shop from where it was purchased or the nearest largest branch.
Purchases over the phone may be similarly returned with the parcel carrier which should be included with the delivery.
Seven working days with an additional seven on top may be provided. Check with fair trading office if in doubt.
Verify the terms.
The monthly contract may be renegotiated for another from the same provider. If Vodaphone was chosen initially, then likely that another Vodaphone contract be used to replace that.
Do note that smaller service providers tend to have more restrictive terms and conditions.
It is likely that the person spoken with is a newly trained customer service agent unfamiliar with the returns policy in place.
The exception to the rule is company provided phones.
Failing which, refer to M above on applying subtle negotiation skills.
2006-12-28 05:54:55 · answer #4 · answered by pax veritas 4 · 0⤊ 0⤋
I can't answer your question, but I can tell you you're not alone - they easily con you with orders made on the telephone. I took out a contract with Orange, due to expire May 2006. In Jan 2006 they rang and offered me a free upgrade. I accepted. When May came I tried to end my contract, but they said when I accepted the upgrade I also accepted an extension of my contract to July 2007! Nothing could be more untrue, but what can I do? They say they have listened to the tapes and I did accept. I most certainly did not. All I can say is I shall never, ever, take out a contract with Orange again, and BUYER BEWARE - I recommend taping your own conversation. I am sorry, this is no help to you, but it may be a warning to others. Good luck.
2006-12-28 05:45:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
There is a seven day cooling off period for contracts. Failing that, the Sale and Supply of Goods Act (1994) will confirm the supplied contract is not the same as the agreed contract and is therefore not "fit for purpose" and should be either sorted or refunded same as any other goods. Usually going into the shop and mentioning the words "Small Claims Court" (as in "see you in") to the manager can have an astounding effect in your favour.
2006-12-28 05:44:56 · answer #6 · answered by Del Piero 10 7 · 0⤊ 0⤋
I've had this problem with Carphone Warehouse too, they offered me half price line rental etc to stay with them when i renewed my contract but when I discovered that this wasn't the case I tried to cancel my contract but by the time I actually managed to contact the right dept and tell them in writing they said it was too late to change my mind!
Good luck, I hope you can resolve this with them even if it means going through the courts. I'm only tied in for another 2 months and I'll defintely be shopping around next time!
2006-12-28 05:45:06 · answer #7 · answered by Cosmic 2 · 0⤊ 0⤋
I was going 2 say that there should b a cooling off period as in most contracts, so as the guys have said the same, I agree what they said as what I said should b true, Good Luck.
2006-12-28 06:29:34 · answer #8 · answered by DIAMOND_GEEZER_56 4 · 0⤊ 0⤋
I would've thought you had a cooling off period of at least 1 week, if not longer to cancel the newly taken out contract.
2006-12-28 05:34:13 · answer #9 · answered by Carrot Cruncher 5 · 0⤊ 0⤋
most company have a" buyer remorse" policy, which usually gives you a time period that when you are not satisfied with the product and service you can return them.i don't know how your provider offers it but you should check into that and don't wait to long because some of them only offer it 14 days from the day you signed your contract.hope this help
2006-12-28 06:05:04 · answer #10 · answered by jc 3 · 0⤊ 0⤋