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Help ! Mobile Contract - Please?

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weeal | 17:15 Sat 09th Feb 2008 | Law
42 Answers
I went into CarPhoneWarehouse today, as my orange contract is almost up, to ask what deals they could do for me now. I was told by the salesman (after he checked my account) that Orange wouldnt do a good upgrade and I was better to take out a new contract from scratch.
I signed up for T-Mobile on a new contract.
When I got home and called orange to obtain my PAC code to leave them they told me what my upgrade option was and its far better than the new deal I was talked into buying.
Where do I stand legally on the new contract I have signed, the shop now say 'tough you signed it'. I am annoyed at this, I have been misled by their advice and will lose money on this deal.
Any help gratefully appreciated.
Thanks in advance
Al
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Unfortunately the shop are right, you signed the contract and will either have to honour it or pay a fee to get out of it.

When they told you that Orange wouldn't do you a new deal, you should have called Orange to check rather than take the word of someone else. The salesperson doesn't work for Orange, how would he know what they would or wouldn't offer you?
Question Author
thanks cheekychops

the salesman did brig up my orange 'points' on the computer and deduced from that they wouldnt offer me anything and that they charge for the phones on upgrade (wrong), he also said that Orange never did offer good upgrades (wrong), I am mad
Question Author
did financial contracts not have a 14-day get out at one time, in case you were mis-informed? has that now ceased?
Hi weeal,
Not sure about mobile phone contracts, but check the small print on the invoice you got from CarPhone Warehouse.
There is normally a 7 day cooling off periods for contracts.
My Hubby has 7 day cancellation period with all his contracts with his business.
It used to be the law, it is in my Husband's line of work, but maybe mobile phones or shops are different.
I would call the store and ask them anyway.
Also mentioned you were given wrong information. Can't do any harm.
Question Author
Hi Cruella, I called the store when I got home and found out about the upgrade which was only when I called to leave them.
They said its just tough I cant cancel.

I said that they should inform people that they dont in fact know about upgrades instead of telling the wrong info to people. I was nice on the phone to them but they were adamant that they are right and I cant get out of it. So wrong of them to do that, I trusted that they knew what they were on about as that is their job.
weeal
Ask to talk with their Manager.
Those Salespeople are all on commission.
Did you check the small print for cancellations?
Question Author
I spoke with the manager at the shop Cruella.

Im looking at the small print just now but it doesnt mention legalities of cool off periods. Just about the length of the contract etc.

wee small print too lol
Question Author
got to laugh it says if I provide inaccurate information THEY can cancel, but looks like if THEY provide inaccurate sales information I cant cancel.
Something not right about that huh
Nope,
I would certainly be taking it further.
Tell them you are going to write to "The Judge" in the "Sunday post" See what they say. lol
Sorry, not funny at all.
Question Author
thanks Cruella, I feel a bit of numpty now, out of pocket for the next 18 months, sigh

wont trust phone shops again, they claim to know it all when they dont
hi weeal, just been reading your post. Googled to see if there was any thing positive, to help you. But it does look like it is legally binding

http://www.consumerdirect.gov.uk/news/press_re leases/london/2007/mobile-phones

Sorry weeal
I would not let that go.
I would be back in there tomorrow and have it out with them.
If you get no satisfaction, ask for a number to call their head office. do it ASAP
Question Author
Hi Petal, thanks very much for that link, it appears that I am well and truly stuck then, tho it does seem to imply that you cant cancel just because youve changed your mind, whereas I feel it was bad financial advice !
I dont know whether to just leave it or not, I dont like arguing. At all.
CarPhoneWarehouse just shut their ears to it, they wont be made to be wrong and I dont think the salesman did it deliberately, he was just not up to the job I suppose.

Cruella I sent u a wee email hon x
I agree with cruella. You must have some rights here weeal.
Question Author
eek, i feel a tense time coming on lol

OK girlies, I will call their Head Office for advice - probably tomorrow now as its after 6pm, and see how it goes, I will try not to be too soft.
If you signed your contract within the last 14 days you can cancel it, i have just taken a new contract out with O2 and i have 14 days to change my mind if i want to.
Go to your local reference library and ask if they can find the name and home address of the chairman or managing director or chief executive officer of Car Phone Warehouse.
Such information is , by law, on public record. Write to him or her at the home address. That way you will know that the matter has been raised at the highest level. I am currently having problems with G.E. Money/Capital Bank. I now have in my posession the home address of every member of their board. My letter to their managing director will be posted on Monday.
Best of luck. I hope you get full satisfaction.
Question Author
Hi Bob and thanks, that is refreshing.
CarPhoneWarehouse told me that the only one who does that is O2 but maybe they are just dodging my issue.
Will check it out.
Thanks
Question Author
Hi Novalis, thank you for that information too, I would never have thought of that.

Good luck with yours !
I have had several bad experiences with the carphone warehouse and wouldn't touch them with a bargepole now. I agree with the posts that say do not let this go. Can you contact T Mobile yourself and see what they say? Speak to the Manager again or head office and say you will report them to Ofcom (I think it is that, you will be able to check on CW website) Good luck anyway

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