Carphone - in breech of contract & wont back down

gimfunk

Carphone Warehouse are in breech of contract with me and wont back down, I have reported them to trading stadards and dont know what to do. I am desperately in need of help.

Breif History:

In Early August I visited my local branch and was tempted by Mobile broadband combined with cheap laptop offer. I was told on Monday to come back Tuesday as they would be in stock to take home.

I visited Tuesday but they still weren't there, my girlfriend decided she would be happy to wait and signed up. Annoyed this wasn't 'ready to take away today' as they advertise, two days in a row despite their promise. I was advised it would be in on Thursday and i could collect, or the salesman even offered to drop it off after work if we weren't availble to go down.

Thursday came, visited the store again and no laptop. The guy who promised to drop it of wasn't even in that day lying bar steward.

I decided at this point not to go ahead with the contract, as it was clear Carphone Warehouse do not have a clue what they are doing.

I was informed by the store manager this contract was signed and now impossible to cancel, even though i hadn't and still havent recieved the laptop. They set up the direct debit and took payment. I wrote to Carphone Warehouse and T-Mobile (providers) and explained what had happened in full, i got immediate response and great service from T-Mobile but Carphone wrote back and told me to F-off in more polite terms.

I have registered this with Trading Standards they say I have a cast iron case. I cancelled t-mobile direct debit, to which they said they cant cancel i'd have to speak to Carphone Warehouse, and they would continue to claim the money back from me. To which i said id consider that harrassment and i would file a claim, and also if they affect my credit rating i would take the to court over the matter, suprisingly they cancelled my contract within 2 minutes of saying this as they are aware they do not have a lg to stand on.

But Carphone Warehouse still owe me money and an apology.

What can I do,

Can anyone help, or expose Carphone if you have had similar problems.

Ignite

1) Do you have household contents insurance? If so, you may have legal cover on this and you can get legal advise via a helpline number.

2) I would write a letter to CW informing them that you hold them in breach as you signed up to the contract based on the laptop offer. As they have not been able to provide you with a laptop, ask them to sort out canceling your contract with T-Mobile and tell them that you expect them to pick up any costs involved with the early cancellation. Make it clear to them that they have 14 days to get this sorted and if it is not that you will have to issue a summons to them in the small claims court. Send this recorded delivery. If after 14 days the matter has not been sorted, start a claim on the Money Claim website https://www.moneyclaim.gov.uk You should find that CW will sort something out super quick. If not and you have all of the evidence (eg copy of advert etc), claim for a) cost of ending T-Mobile contract early and b) any other costs that you have incured.

Make sure that you keep up with your T-Mobile bills else you will find them using debt collectors and your credit rating will be affected.

gimfunk

Thank you for your help Ignite,

I have actually managed to cancel the contract via T-Mobile completely external of Carphone Warehouse. But I am still £30 out of pocket and if I include phone calls, travelling the 7 miles to and from the shop on numerous ocassions, Calling the head office over 35 times usually from a mobile. Over 8 letters with only 4 replies. And a lot of distress (i know that sounds soft, but i get very hot headed and it ruins a whole day when i try to resolve it). So I think I can have a decent claim.

p.s. as they are in breach of contract. T-Mobile cancelled the contract as I explained because its not my fault if they affected my credit rating I would take them to court, and them keep sending me letters asking for money contributed to harrassment.

p.s. thank you

DUCADUCADUC

Have a look at the Redten thread towards the last post,there's a lot of useful stuff on there to help you -it helped me!