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Mobiles.co.uk - A cautionary tale

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WychWeird
WychWeird Posts: 110 Forumite
in Mobiles
[FONT=Arial, sans-serif]Hi all – this is my own personal tale of woe regarding Mobiles.co.uk (Mobiles) and my purchase of two mis-sold contracts. My apologies in advance for the length of this post, hopefully it's not a complete hodge-podge![/FONT]

[FONT=Arial, sans-serif]Way back on the 27th of August I ordered an LG Arena with an O2 600 tariff:[/FONT]

[FONT=Arial, sans-serif]Order summary:[/FONT]

[FONT=Arial, sans-serif]LG Arena on O2 1 £0.00[/FONT]
[FONT=Arial, sans-serif]O2 600 @ £12.50/month [/FONT]
[FONT=Arial, sans-serif]24-month contract[/FONT]
[FONT=Arial, sans-serif]Gadget Phone Support - £2.99/month 1[/FONT]
[FONT=Arial, sans-serif]PhoneCare Insurance - Band B - £7.99 1[/FONT]
[FONT=Arial, sans-serif]14 months half price rental 1 £0.00[/FONT]
[FONT=Arial, sans-serif]Jabra Bluetooth 2010 Drive Pack 1 £0.00[/FONT]
[FONT=Arial, sans-serif]
[/FONT]
[FONT=Arial, sans-serif]Citylink Guaranteed Next Working Day – Despat £0.00[/FONT]
[FONT=Arial, sans-serif]==========================================[/FONT]
[FONT=Arial, sans-serif]Total £0.00[/FONT]
[FONT=Arial, sans-serif]==========================================[/FONT]

[FONT=Arial, sans-serif]The following day I ordered an LG Crystal with an O2 tariff (truncated):[/FONT]

[FONT=Arial, sans-serif]LG GD900 Crystal on O2 1 £0.00[/FONT]
[FONT=Arial, sans-serif]O2 600 @ £12.50/month [/FONT]
[FONT=Arial, sans-serif]Jabra Bluetooth 2010 Drive Pack 1 £0.00[/FONT]

[FONT=Arial, sans-serif]Both phones arrived promptly, although the Arena was missing the Bluetooth Drive Pack. Mobiles confirmed via CPW that it was never dispatched and would send it out – I'm still waiting....[/FONT]

[FONT=Arial, sans-serif]...note that I had no issues cancelling the Gadget Phone Support and PhoneCare Insurance on both phones – the staff were polite and efficient.[/FONT]

[FONT=Arial, sans-serif]Anyhow, my better half had been looking at replacement phones and contracts when she stumbled across Mobiles.co.uk's website – we'd been to the CPW and seen the LGs and were impressed with them. [/FONT]

[FONT=Arial, sans-serif]We'd been looking at tariffs and we thought that O2's tariff that gave 600 minutes, 500 texts and an unlimited bolt-on (for £30 per month) would suit us (and the phones) but O2 didn't do the LG phones we wanted. Fortunately, Mobiles did and offered a £5 discount on the tariff plus half price line rental for a number of months (different for each phone.) [/FONT]

[FONT=Arial, sans-serif]The tariff Mobiles offered on the O2 network was called “O2 600” and it offered:[/FONT]

[FONT=Arial, sans-serif]600 Any network, Anytime minutes[/FONT]
[FONT=Arial, sans-serif]Unlimited texts[/FONT]
[FONT=Arial, sans-serif]£5 discount – £25 per month[/FONT]

[FONT=Arial, sans-serif]Note: The 'INFO' link included the following information relating to the unlimited texts:[/FONT]

“[FONT=Arial, sans-serif]Unlimited Texts – your free O2 bolt-on! Where and O2 tariff lists inclusive unlimited texts, please note that this is a promotional Bolt On which increases the standard number of inclusive texts on that tariff (e.g 500 on O2 600) to unlimited. Therefore further free Bolt Ons will not be available.”[/FONT]

[FONT=Arial, sans-serif]I have screenshots of the deals as Mobiles no longer offer these deals. (Unfortunately I can't post links as a newbie.))[/FONT]

[FONT=Arial, sans-serif]Now, to me, that looks like it's the O2 tariff that O2 advertise on their website. That's what I believed I was ordering – an O2 600 tariff.[/FONT]

[FONT=Arial, sans-serif]The next step of the ordering process didn't state anything different – I was ordering the O2 600 tariff.[/FONT]

[FONT=Arial, sans-serif]The confirmation email from Mobiles continued this theme (truncated):[/FONT]

[FONT=Arial, sans-serif]Your Order[/FONT]
[FONT=Arial, sans-serif]================================ [/FONT]
[FONT=Arial, sans-serif]LG Arena on O2 1 £0.00[/FONT]
[FONT=Arial, sans-serif]O2 600 + £5 Discount- 24 @ £25.00/month[/FONT]

[FONT=Arial, sans-serif]Now everything continued to be fine until the O2 Customer Services Representative contacted me on the 5th Sept to welcome me to the network and ensure I was a happy bunny.....[/FONT]

…[FONT=Arial, sans-serif].I was until I asked how long I would have to keep the unlimited texts bolt on before I could change it to the unlimited data, after all, I had an internet capable phone....[/FONT]

[FONT=Arial, sans-serif]...to which the O2 CSR queried why I would do that as I would subsequently get no inclusive texts.[/FONT]

[FONT=Arial, sans-serif]I was clear in my mind that the tariff was the O2 600 which included 500 texts plus the unlimited bolt on but the O2 CSR stated that was not the case and that I was on the 'O2 25 Bonus' tariff. (O2 account screenshot) Note that this is the same for both phones I'd ordered. (I asked in another thread whether tariffs offered by Mobiles are comparable to the tariffs offered by network providers.)[/FONT]

[FONT=Arial, sans-serif]The O2 25 Bonus tariff is a £25 per month tariff which gives you 600 Any network, Anytime minutes plus an unlimited bolt on. Mobiles have given me that with the bolt on preselected to the unlimited texts.[/FONT]

[FONT=Arial, sans-serif]I immediately took my query to Mobiles on the phone (cue long wait) and eventually spoke to a Mobiles CSR – they stated it was an O2 issue who had set the contract up incorrectly. The O2 CSR in the subsequent phone call stated they only set up what they are directed to by Mobiles and that if I had been mis-sold a contract I can cancel within 14 days.[/FONT]

[FONT=Arial, sans-serif]As this was not going anywhere fast, I emailed Mobiles on 7th Sept outlining the issue above and included the following:[/FONT]

“[FONT=Arial, sans-serif]As the 14 day cooling off period for the first contract expires this Friday (11th Sept) and the second one the day after, I require this situation to be resolved as soon as possible as I believe that mobiles.co.uk have mis-sold me these contracts; in the event that investigation and resolution goes beyond the 14 day cooling off period I reserve the right to cancel the contracts if the resolution is not satisfactory.”[/FONT]

[FONT=Arial, sans-serif]Mobiles responded on the 8th:[/FONT]

[FONT=Arial, sans-serif]Hello, [/FONT]

[FONT=Arial, sans-serif]Following our conversation earlier about your tariff. I have had a [/FONT]
[FONT=Arial, sans-serif]response from the manager of product and pricing and the tariff that [/FONT]
[FONT=Arial, sans-serif]you chose is the bonus tariff. [/FONT]

[FONT=Arial, sans-serif]The information that o2 supplied you with was indeed correct, the [/FONT]
[FONT=Arial, sans-serif]reason why you may not be able to change the bolt on is due to the £5 [/FONT]
[FONT=Arial, sans-serif]difference. [/FONT]

[FONT=Arial, sans-serif]We have two options for you, the tariff that you are currently on is [/FONT]
[FONT=Arial, sans-serif]cheaper than the o2 600 therefor the discount applied could be used [/FONT]
[FONT=Arial, sans-serif]for the data bolt on. [/FONT]

[FONT=Arial, sans-serif]The other options is if you were to return your phone to us and [/FONT]
[FONT=Arial, sans-serif]reorder for the full price o2 600 which is £30 per month. [/FONT]

[FONT=Arial, sans-serif]I apologise for the inconvenience caused to you I hope this is of help [/FONT]
[FONT=Arial, sans-serif]to you. [/FONT]

[FONT=Arial, sans-serif]--[/FONT]
[FONT=Arial, sans-serif]Mobiles.co.uk Customer Services Team [/FONT]
[FONT=Arial, sans-serif]http://!!!!!!!!!!!!!!!!!!!! [/FONT]

[FONT=Arial, sans-serif]Now clearly Mobiles claim I ordered the bonus tariff and I could get the O2 600 tariff at full price... I, of course, rejected their offer the same day and requested they provide me the correct tariff or cancel the contracts. I included the screenshots of their deals, my account screenshot and the 'INFO' text to support my claim. [/FONT]

[FONT=Arial, sans-serif]In the meantime, I contacted Consumer Direct who advised that I put my complaint in writing that I was mis-sold the contracts under the provisions of the Mispresentation Act 1967. I emailed my complaint and sent a copy by special delivery on the 11th Sept.[/FONT]

[FONT=Arial, sans-serif]For those that are not aware, despite Ben's statement on another thread that mis-selling is based on the intent to deceive the Misrepresentation Act 1967 states:[/FONT]

“[FONT=Arial, sans-serif]1 Removal of certain bars to rescission for innocent misrepresentation[/FONT]
[FONT=Arial, sans-serif]Where a person has entered into a contract after a misrepresentation has been made to him, and-[/FONT]
[FONT=Arial, sans-serif](a)the misrepresentation has become a term of the contract; or[/FONT]
[FONT=Arial, sans-serif](b)the contract has been performed;[/FONT]
[FONT=Arial, sans-serif]or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b) of this section.[/FONT]

[FONT=Arial, sans-serif]As I had requested a response within 10 business days I sat around waiting for a response but finally called on 25th Sept to discuss the status with them. The CSR I spoke to looked at the tariff offered and agreed that she could see how the tariff could be misunderstood and that she didn't think that I would be expected to pay the £30 O2 600 tariff but she'd need to run it past her supervisor. [/FONT]

[FONT=Arial, sans-serif]The CSR came back but said she couldn't get hold of her supervisor so she'd call me back but she also informed me that the response to my letter only explained about how to apply for the cashback and that the deal on the website had been discussed at their weekly team meeting. As she was about to hang up her supervisor returned.[/FONT]

[FONT=Arial, sans-serif]She had a discussion with her supervisor and came back with they weren't going to change the contract as I had got what I ordered and that they couldn't cancel the contract as it was outside the 14 day cooling off period (notwithstanding reserving my rights) – again, we reached an impasse; I finished the conversation stating I would take further advice.[/FONT]

[FONT=Arial, sans-serif](On discovering I was being charged for all picture messages (as there are no inclusive messages on the bonus tariff there isn't the 1 picture message = 4 text message conversion) I turned both phones off and haven't used them since – continuing use could constitute acceptance of the contract as is.)[/FONT]

[FONT=Arial, sans-serif]I contacted Consumer Direct who understood the issue and passed the case to Trading Standards for further action. My point of contract admitted she was not au fait with mobile phones and tariffs and looked into the situation. Eventually she came back to me and stated that she had no evidence to suggest that Mobiles had acted fraudulently – they had provided 600 mins, unlimited texts for £25 per month. I appear to have been unable to convey to her that the tariff offered was called an O2 600, constructed, by the information on their own website, with 600 mins, 500 texts plus an unlimited bolt on. The O2 25 Bonus tariff is a £25 per month tariff – it is not discounted and is constructed with no inclusive texts, only the unlimited bolt on. [/FONT]

[FONT=Arial, sans-serif]According to Trading Standards no one else has complained that they have been supplied the incorrect tariff by Mobiles.co.uk.[/FONT]

[FONT=Arial, sans-serif]Trading Standards stated my only recourse is to pursue this through the Small Claims Court. As it stands, I have two phones with contracts I didn't order that I'm not using. [/FONT]

[FONT=Arial, sans-serif]Mobiles have subsequently renamed the tariff as the 'O2 600 Promo'; they have also altered the text regarding bolt ons in the 'INFO' links.[/FONT]

[FONT=Arial, sans-serif]Perhaps others may stop and think before they order from Mobiles.co.uk and those that believe they have been mis-sold their tariff contact Trading Standards.[/FONT]

[FONT=Arial, sans-serif](If Ben so desires, I can provide him the entire history/email trail to date – this is the abbreviated version.)[/FONT]
«134567…15

Comments

  • OneADay
    OneADay Posts: 9,031 Forumite
    1,000 Posts Combo Breaker
    edited 18 November 2009 at 7:50AM
    You signed up to O2 600 (so you thought) which would be £30 a month and had a bonus discount £5.

    O2 themselves signed you to O2 25 Bonus tariff? Persumably the 25 refers to £30 minus £5 bonus tariff?

    But you are still got the same deal though or am I reading this wrong, its long :-)

    If you change the bolt on to data, O2 said you lose the text bolt on?
  • OneADay
    OneADay Posts: 9,031 Forumite
    1,000 Posts Combo Breaker
    This is from the dialaphone web site (not cpw) - just comparing

    "Introducing O2 Bonus

    Want more value for less? Then look no further! Get over 25% cheaper line rental on our exclusive range of O2 Bonus Tariff.
    • Get over 25% off - O2 600 (Typically £35 NOW ONLY £25/mth)"
  • DarkConvict
    DarkConvict Posts: 6,346 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm surprised trading standards haven't taken this up, 2 years ago i had trouble with dial-a-phone offering unlimited internet, clearly stated in the contract unlimited (no caps) but there was a 120MB cap.

    Dial-a-phone was ordered to either cancel the contract and pay my charges or just pay all my charges, as it was only once i was been charged at the end of a month could i see the contract was missold. They coughed up the charged the internet charges in the end.

    If the website was offering 02 600, but you were put on 02 25, that just seems plain wrong. And is why i don't buy from 3rd party website anymore.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • OneADay
    OneADay Posts: 9,031 Forumite
    1,000 Posts Combo Breaker
    DarkConvict wrote: »
    If the website was offering 02 600, but you were put on 02 25, that just seems plain wrong. And is why i don't buy from 3rd party website anymore.

    That depends if there is a difference between what was quoted as minutes and text allowance - the bonus tariff seems to include a bolt on top of the normal 500 texts allowance. And it costs less. I think its O2 who have renamed their tariff, they can't quote it on their system as o2 600 when its got that bonus element so they call it O2 25 ???
  • Mobiles.co.uk_company_representative
    Mobiles.co.uk_company_representative Posts: 659 Organisation Representative
    Hi,

    "O2 25" is the internal O2 name for what we on the site call "O2 600, £5 Discount" - you get the same value as the O2 600 tariff (currently 600 minutes and unlimited texts) but for £25 per month instead of £30 (on a 24m contract).

    The free unlimited bolt-on is an O2 promotion on their website and is not available via Mobiles.co.uk.

    I'm afraid you were given slightly confusing information by someone who told you that you couldn't change the unlimited bolt-on because you chose the £25 option, but this is not correct - it is not possible to change the "unlimited texts" bolt-on to another one at all, as it is consider part of the tariff (both O2 600 and O2 25 usually have 500 texts, but this is made 'unlimited' througha bolt on as this is the only way O2's systems could support increasing the number of texts - this is why I added that line you quote about the bolt-on to our site).
    [FONT=Arial, sans-serif]I contacted Consumer Direct who understood the issue and passed the case to Trading Standards for further action. My point of contract admitted she was not au fait with mobile phones and tariffs and looked into the situation. Eventually she came back to me and stated that she had no evidence to suggest that Mobiles had acted fraudulently – they had provided 600 mins, unlimited texts for £25 per month. I appear to have been unable to convey to her that the tariff offered was called an O2 600, constructed, by the information on their own website, with 600 mins, 500 texts plus an unlimited bolt on. The O2 25 Bonus tariff is a £25 per month tariff – it is not discounted and is constructed with no inclusive texts, only the unlimited bolt on.

    I'm afraid you're trying to claim that we should offer an extra unlimited bolt-on that you've seen advertised on O2's own website, but not ours - this is not correct. Whether you took O2 600 or the discounted version, O2 25, there would not be an additional free bolt-on available unless you bought it from the O2 website.

    I apologise that someone here has advised you (after the fact, not pre-purchse) that the tariff makes the difference, they were incorrect and I will correct them, but this is not miss-selling or misleading - we have supplied what you ordered, a tariff for £25 per month with 600 cross-network minutes and unlimited texts.
    [/FONT]
    Regards,
    “Official Company Representative
    I am the official company representative of Mobiles.co.uk. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Sukatoko
    Sukatoko Posts: 55 Forumite
    The best deal is always buy a phone then just get a sim. Then you can see the costs more clearly. Knowlege is power. I spend less than half what I used to spend and still make the same number of calls. These sites are not interested in saving you money. They are interested in selling what makes best commission. You will save a fortune if you only buy what you need.
  • Not_a_Newbie
    Not_a_Newbie Posts: 314 Forumite
    I'm not sure that those of you have that have read this post have fully understood WychWeirds problem here (or maybe I haven't).

    Now everything continued to be fine until the O2 Customer Services Representative contacted me on the 5th Sept to welcome me to the network and ensure I was a happy bunny.....

    …[FONT=Arial, sans-serif].I was until I asked how long I would have to keep the unlimited texts bolt on before I could change it to the unlimited data, after all, I had an internet capable phone....[/FONT]

    [FONT=Arial, sans-serif]...to which the O2 CSR queried why I would do that as I would subsequently get no inclusive texts.[/FONT]

    [FONT=Arial, sans-serif]I was clear in my mind that the tariff was the O2 600 which included 500 texts plus the unlimited bolt on but the O2 CSR stated that was not the case and that I was on the 'O2 25 Bonus' tariff. (O2 account screenshot) Note that this is the same for both phones I'd ordered. (I asked in another thread whether tariffs offered by Mobiles are comparable to the tariffs offered by network providers.)[/FONT]

    [FONT=Arial, sans-serif]The O2 25 Bonus tariff is a £25 per month tariff which gives you 600 Any network, Anytime minutes plus an unlimited bolt on. Mobiles have given me that with the bolt on preselected to the unlimited texts.[/FONT]

    [FONT=Arial, sans-serif]I immediately took my query to Mobiles on the phone (cue long wait) and eventually spoke to a Mobiles CSR – they stated it was an O2 issue who had set the contract up incorrectly. The O2 CSR in the subsequent phone call stated they only set up what they are directed to by Mobiles and that if I had been mis-sold a contract I can cancel within 14 days.[/FONT]


    The issue he has is that he assumed he was on a contract that offered 600 minutes & 500 texts plus an unlimited text bolt-on, which he was more than happy with. He now wants to cancel the text bolt-on and switch it for a data bolt-on. O2 have told him that if he cancels the text bolt-on he will no longer have any texts, as the O25 (which he is actually on) does not include texts as part of the tariff (a point which has been contradicted by the company rep on here).
    as it is consider part of the tariff (both O2 600 and O2 25 usually have 500 texts, but this is made 'unlimited' througha bolt on as this is the only way O2's systems could support increasing the number of texts

    From the way I see it, all he wants is to be on the tariff he signed up for which included 600 minutes and 500 texts and to be able to switch the bolt-on from the unlimited texts to a data bolt-on.
    £400+ in my £2 coin tablet fund
  • Mobiles.co.uk_company_representative
    Mobiles.co.uk_company_representative Posts: 659 Organisation Representative
    Hi,

    Sorry, whether or not "O2 25" includes any texts or not other than the "bolt on" (and I am now checking, as I had missed this element of the post) it doesn't make any difference to the tariff we sell, which is 600 minutes and unlimited texts.

    The unlimited texts show as a bolt-on on O2's system but it's not a bolt-on you can alter to "unlimited data" after you have purchased, it's just the way O2 have set up the tariffs for Carphone Warehouse (and therefore us) to sell. The tariff is 600 mins, unltd texts and no free bolt-on, as per the site.

    Regards,
    “Official Company Representative
    I am the official company representative of Mobiles.co.uk. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    Mobiles.co.uk_company_representative wrote: »
    The unlimited texts show as a bolt-on on O2's system but it's not a bolt-on you can alter to "unlimited data" after you have purchased, it's just the way O2 have set up the tariffs for Carphone Warehouse (and therefore us) to sell. The tariff is 600 mins, unltd texts and no free bolt-on, as per the site.

    Regards,
    Am I missing something here Ben ????

    It says quite clearly on O2's website that any tariff of 600 minutes or more can have 1 free bolt on http://www.o2.co.uk/explore/tariffs/boltons/paymonthlyboltons
    If you're on a standard tariff with 600 minutes or more, you can choose one of the following Bolt Ons as a treat from us (excludes 12 month tariffs and iPhone tariffs). Our iPhone tariffs already include the unlimited web and Wi-Fi Bolt Ons at no extra charge.
    It's not just about the money
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 18 November 2009 at 12:29PM
    Wychweird - can you be quite specific.

    At the same time as mobiles.co.uk sold you their version of the O2 600 package, were O2 selling a package called O2 600?

    If so, exactly what were the standard benefits/features of that package on their site?

    You need to beware, though. O2 online offer online variations to the inshop standard tariff. Their website currently says you get twice the number of messages if you order from them direct on line and the online offers do change.

    What you were entitled to was the standard O2600 tariff, as O2600 was a product name, with any discounts or benefits that mobiles.co.uk added. What they were not entitled to do was sell you any other product renamed as O2 600, even if it gave you the same number of minutes.

    As I said, I was not altogether clear from your post what the standard in shop O2 600 offered at the time and for how much per month.
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