Mis-sold a contract? How to get out of it

I think that the Communications sector is the worst for communication and is thoroughly appalling when it comes to customer service. I’ve taken Virgin to CISAS, the communications ombudsman twice (won both times) for starters. I also wonder if the fact that this is the only sector that has two Ombudsman services (CISAS and Ombudsman Services Communications) is because they have twice the amount of complaints than any other sector!

Ben bought a mobile ‘phone from Phones 4u and a contract with Vodafone. Ben bought a ‘phone with a Vodafone contract from Phones 4u. He was told that after one year the monthly fee would reduce by £5.00 a month but this did not happen.

Ben wrote to complain to Phones 4u and was offered £60 as a goodwill gesture (i.e. the difference). Ben’s letter stated that he actually wanted to terminate the contract but both Phones 4u and Vodafone refused to do this. We emailed CEO’s, heads of operations and we had to refuse to pay for transactions of ‘phone calls when Vodafone refused to deal with anything in writing! We quoted the Misrepresentation Act and the Consumer Protection from Unfair Trading Regulations 2008 (a misleading practice because it would appear that the sales person led Ben to take a different transactional decision than he might have taken if given the full correct information.) As stated on the Advice Guide “If the statement made by the sales person is false and it influenced your decision to buy the service, this is called misrepresentation. If this is the case you can cancel the contract without charges and may be able to take legal action for compensation. A false statement which influenced your decision to enter into a contract is also an example of an unfair commercial practice This is a criminal offence” We got a further £90 from Vodafone.

For ensuring that you are not paying too much for your mobile ‘phone see this great post from SkintDad 4 Ways to Stop Overpaying For Your Mobile Phone.

For more advice about complaining about mobile ‘phones see How to end 3 problems with your mobile ‘phone (& get your money back). More advice, guidance, tips and template letters for the most common complaints against your communication provider see the bestelling book.

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4 Responses to Mis-sold a contract? How to get out of it

  1. Alan Campbell says:

    My Daughter had wished to upgrade her phone and we went to the local shop in Irvine to do so. We were told it would take about 2 weeks to arrive. after a number of visits over a 2 month period we called Vodaphone direct as we weren’t getting anywhere.Bare in mind my daughter had broken her phone no useage for a couple of months. We were told the Shop had cancelled the phone. We went back to the shop to find out why. As I suspected the shop hadn’t cancelled.
    I also enquired to Vodaphone and to also ask what the £17.50 I was being charged for was. My FREE tablet that I hadn’t really wanted was line rental. When I have 3 tablets in the house and Free WiFi to run them from prompts me to say I had been “Miss Sold” is an understatement.


  2. Bradley Broughton says:

    Hi, I worked at go mobile for a while in a franchise, and the contract I was put on was quite a large price for a 19 year olds first phone contract… I’m now stuck paying £50.99 for a phone I don’t like and a tariff I don’t really use, so I had a Samsung s4 mini on a Vodafone contract and I was getting 3gb of data with unlimited minutes and texts and I was only paying £20 a month but now I’m paying way to much… help 🙁

    • The Complaining Cow says:

      Please read the post above and the links within. They do not have to do anything unless in breach of any laws.

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