mislead into mobile internet- any way out??

4743hudsonj

frankos wrote: »

thanks for sending the O2 link littleme but i think its been 2 months since she took it out

get her to download a data usage moniter

http://www.softpedia.com/get/Network-Tools/Bandwidth-Tools/NetMeter.shtml

they tell you exactly how much you have downloaded and uploaded in the last day, week and month
the above one shows a projection of monthly usage too which is useful if she wants to gauge her usage

she can then reset it each month and watch her usage

like said, avoid youtube as videos can be up to 100mb each without the actual webpage and the animations of similar videos after!

so just one 5 min video per day will easily use 3gb

chattycathyuk

I dont know if this will make you feel better, but it could be worst!!!

http://www.dailymail.co.uk/news/article-1162183/I-ran-22-000-phone-watching-TV-abroad.html

mc33033

frankos wrote: »

The Salesman kept telling her this was the contract for her and there was no way any monthly bill would for any reason be higher than the £30 advertised.

OK, was anyone with her who might be able to back this up?

frankos wrote: »

Hasn’t this salesman mislead her into this contract and is there a way out?

Absolutely, a contract is not the be all and end all like others are saying. The problem started before the contract - the sales person misrepresented the contract to her, most likely fraudulently as opposed to negligently, however the end result is that the contract should be rescinded, that is cancelled. And without an excess charge - £60 for what was agreed would be the fair price. You need to get the ball rolling on this though as the longer the contract is kept on the harder it will be to argue.

Do not listen to the cries of "early contract termination fee" and "we'll offer a goodwill gesture" from the company - the contract was plain mis-sold. Of course the contract should have been checked, and of course it would be great if the consumer had known what to do to ensure she didn't go over x GB per month but at the end of the day she trusted someone in a position to supply a product for her needs (the needs appear to have been clearly explained) - they sold her the incorrect product so let them take the hit of having to deal with secondhand kit, failed sale, £xx bandwidth - might be an encouragment not to con the next easy target that walks through the door asking for advice.

Tozer

Key point - how old is she?

Littlemiss27

mc33033 wrote: »

The problem started before the contract - the sales person misrepresented the contract to her, most likely fraudulently as opposed to negligently.

Why would it have most likely been misrepresented to her fraudulently??

Nothing the OP has said has indicated this. If anything it sounds like a bit of a communication failure somewhere.....maybe the daughter didn't explain to the person in the shop that she would be using youtube quite so much......maybe the person in the shop didnt explain the limits/fair usage policy clearly enough.

maggie111

Littleme wrote: »

I would take it back and throw the laptop at his head!

He should of told you For the vast majority of users a lower limit (perhaps 3GB) will be absolutely fine if you just suring the net, but you'll need more if you plan on file sharing, downloading lots of music, or streaming content such as YouTube or the BBC iPlayer. Mobile broadband is not meant for doing large downloads and certainly not video.

Its not capped its bit like it you use alll your texts if you use them all you will start paying, you need to keep an eye on what your using. if you click on your connection manager there should be an allowances tab somewhere, this should tell you what you have used.

The salesman has lied to you and i would go and see him, and i would tell him he as sold you this contract under false pretenses and you want your account refunded and if they dont refund, tell them you want it disconnected as you have a 50 day cooling off and you will be getting advice for your CAB

If that dont work call o2 which my husband works for and tell then you want to disconnect under happyniess guaranttee, i wouldnt say you got it from carphone warehouse or that you got a free laptop as they cant see this at there end, all they will do is disconnect but they wont be able to refund you, but you will get a free laptop!

Dont you just hate salesman!

Hope this helps good luck!

Just looked into it...

http://broadband.o2.co.uk/mobile/Guarantee.jsp

How fantastic! I love 02.

sarahg1969

Tozer wrote: »

Key point - how old is she?

I was just going to ask exactly the same question.

mc33033

Littlemiss27 wrote: »

Why would it have most likely been misrepresented to her fraudulently??

Nothing the OP has said has indicated this.

Yes it has.

OP says:
"The Salesman kept telling her this was the contract for her and there was no way any monthly bill would for any reason be higher than the £30 advertised."

Was that a true, or an untrue statement for him to have made? Did he really believe there was not way that there could be a bill for over £30? You have your choice, either he was negligent, but most likely fraudulent in this statement.

Littlemiss27 wrote: »

If anything it sounds like a bit of a communication failure somewhere.....maybe the daughter didn't explain to the person in the shop that she would be using youtube quite so much......maybe the person in the shop didnt explain the limits/fair usage policy clearly enough.

The law expects a person selling a product to know more about the product than the consumer. OP states that the seller was told about a lack of technical knowledge - but consumer clearly stated she wished to watch videos. Therefore again we have misrepresentation - a false statement was made that the product was suitable for her to induce the consumer into the contract.

kingofherts

As this is a new laptop i am sure there will have been a whole host of big ol windows updates waiting to be downloaded, now these can easily eat up plenty of data. So whilst the sales guy was a bit stupid saying her bill cannot go over £30, it may not be the actual usage thats pushed it over but some automated updates that run in the background.

If you do get out of it you may want to consider a 3 laptop deal. they do a nice compaq with 15GB of data for the same £30

mc33033

kingofherts wrote: »

So whilst the sales guy was a bit stupid saying her bill cannot go over £30

Hi kingofherts, yes I agree that windows updates may contribute to the problem the main problem is that there are too many salespeople in that industry in particular who think nothing of lying to make sales, then avoid the consequences. It's not them that has to pay the hundreds of pounds in charges as in this case, they get a nice bonus if they hit their targets regardless of the consumer paying for it all.... think of them as mini bankers :mad: