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.

lap top on woman's knees phone in one hand

 

 

See All you need to know about complaining to telecom providers for various posts about consumer laws, rights and contracts, how to complain etc.

 

How to Complain: The essential Consumer Guide to Getting Refunds, Redress and Results!

 

More advice, guidance, tips and template letters for the most common complaints against your telecom provider GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

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A Guide to The Consumer Protection from Unfair Trading Regulations 2008

The Consumer Protection from Unfair Trading Regulations 2008 (updated Consumer Rights Directive) implemented the European Union-wide Directive 2005/29/EC concerning unfair commercial practices in the internal market. The Regulations replace much consumer protection legislation, including Part III of the Consumer Protection Act 1987 (which dealt with misleading prices), the majority of the Trade Descriptions Act 1968 (which it mainly repeals), and the Control of Misleading Advertising Regulations 1988. The Misrepresentation Act 1967 covers similar issues too.

Unfair!

Unfair! 

For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information or not put under unfair pressure to do so.

The regulations prohibit trading practices that are unfair to consumers. There are four different types of practices covered:

A general ban – on conduct below a level which may be expected towards consumers (honest market practice/good faith).

Misleading practices a practice misleads through the information it contains, or its deceptive presentation, and causes, or is likely to cause, the average consumer to take a different transactional decision specifically; general misleading information, creating confusion with competitors’ products or failing to honour commitments made in a code of conduct.

Aggressive sales techniques using harassment, coercion or undue influence – significantly impairs, or is likely to significantly impair, the average consumer’s freedom of choice or conduct in relation to the product through the use of harassment, coercion or undue influence – and  thereby causes him to take a different transactional decision.

31 specific practices (that would be two long boring pages of  post! It is pretty thorough though and all of them are listed in the book).

If you think a financial advert or promotion is misleading, unfair or unclear, you can report it to the Financial Conduct Authority and/or the Advertising Standards Authority.

You are also covered regarding unfair contracts with the Consumer Rights Act 2015.

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

Did you know about this Act? Were you still using old Acts? Find out more details of this other Acts and how to use them in the GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! Use the Tips when complaining using these Acts.

 

 

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

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