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3 Contract, mis-sold

I bought an N97 from Three customer services over the phone, and was told that my new contract had unlimited internet included in the price.

On receiving and setting up the phone, this is not the case and they want me to buy a addon.

What would be my rights for returning the phone and contract? Three are telling me because its been opened, and used for one day I cannot!

The paperwork I received with the phone consisted of just a delivery note, nothing else such as details of the contract or any terms and conditions.

I have been reading about Distance Selling Regulations, but I am a little confused.

Comments

  • madison-nyc
    madison-nyc Posts: 576 Forumite
    Was the original call recorded? you need to ask them to check the call records and see what the salesperson said when they sold you the contract.
  • They are going to check their recorded messages and call me back, but now they are saying that there is no offer available for the quote I accepted, and that I will have to pay more for less!

    As I have no written proof of what was offered over the phone, which took place when |I called to cancel, where do I go from here?
  • lawsofnature
    lawsofnature Posts: 365 Forumite
    Strangely, I've just been to 3's online customer services, and asked them about the 'free internet' they are currently giving with the Nokia 63/71 deals.

    In the small print, it does mention about an add-on (but what is says doesn't make much sense).

    But customer services did say I'd get free internet at 1 GB a month.

    You have a 14 day money back guarantee (although this is restrictive because it only applies if you don't use the phone).
  • I had started to use the phone - that is how I found out about not having the free internet promised! - how else would I have found this out?

    My advice would definitely be to obtain any quoted contract in writing before accepting anything - wish I had
  • Andyblizz
    Andyblizz Posts: 432 Forumite
    qazwsxedc1 wrote: »
    I bought an N97 from Three customer services over the phone, and was told that my new contract had unlimited internet included in the price.

    On receiving and setting up the phone, this is not the case and they want me to buy a addon.

    What would be my rights for returning the phone and contract? Three are telling me because its been opened, and used for one day I cannot!

    The paperwork I received with the phone consisted of just a delivery note, nothing else such as details of the contract or any terms and conditions.

    I have been reading about Distance Selling Regulations, but I am a little confused.

    So what contract have they said you are connected to then ?
  • I called to cancel, but was talked into haveing a new contract for £35.25, which included 1100 Mix and Match minutes, free landline calls, 300 minutes 3 to 3, Skype calls and unlimited Internet - I accepted these terms.

    The phone arrived yesterday, I started to set it up last night but noticed I had data charges on My 3 account.

    When I called today the first time, I was told I had no Internet on my account. When I then called back to find out what I would be paying each month they said £47 per month without Internet!!

    They say they are going to check the call recordings and call me back - but the last person I spoke to said that there is no way she can give me this contract, but £35.25 is the amount I agreed to pay??
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