Carphone Warehouse, potentially mis-sold contract

morrit

Brief and concise overview -

Partner upgrades phone after CPW caller advises her that her contract is up. Caller tells her she can save money by reducing the tariff to £25 per month for 300 mins & texts.


We receive bills for £35 line rental and extortionate call charges. Contact CPW who advise us that they wil raise a query with Orange and raise a cheque to cover the extra amount each month.

interestign thing is that they have no knowledge of how mny minutes or text messages you use,so how did the guy know that she used 'on average 300 minutes a month'?

She generally uses more than that according to her recent bills (yes, I know we should keep ALL of them but you don;t really unless there's something amiss. She has been using in excess of 300 each month.

On those proviso's we believe she has been mis-sold her contract.

Can we claim money for the extra money incurred on the calls for a tarriff that never existed?

Can we cancel the contract as being 'mis-sold'?

Obviously the burden of proof lies on us to prove this, so does anyone have any information relating to whether CPW hold data regarding minutes and texts used by individual clients, as these would be passed to them by the provider surely.

Secondly, by CW paying us the money owed, do they admit liability that it was mis-sold. I fear they are trying to fob us off with a one off payment of £180 to cover the 18 month contract, but I see the sneak... give us £180, covers the full 18 months, later try and pull out some deep down clause about 'accepting money in settlement'.

So...can we pull out of the contract and can we claim money back for the calls and extra paid on the tariff?

OneADay

Without knowing what you signed up to or your partner did - the 300 mins and texts a month is likely to be a mixture of 300 mins, not 300 mins and 300 texts.

So if you exceed 300 - you will get charged for the extra amount no doubt.

Don't really know how you think it should be cancelled.

The £180 refund is for the 18 months £10 reduction a month - thats just to do with your tariff not being dropped which it looks like they are querying with Orange.

morrit

Hi

The plan she's on is the racoon 25 (provided by Orange), which is 200 cross-network mins + 300 texts + Unlimited UK Land Line mins for £25.00 a month.


The CPW guy said she would get 300 texts and 300 minutes + unlimited uk land line mins for £25 a month. That's been confirmed in subsequent convos with CPW who have listened to the recording.

OneADay

Racoon 25 according to their site is only 200 minutes, 300 texts (as per what you said).

Its CPW mistake then - should cover any extra call minutes you use and / or Orange could change the plan.

If they cant or wont do that, then you have a case to ask for cancelling contract. Good luck whichever way.

morrit

They won't cancel contract as they are 'rectifying situation'

That was the Escalation Department.

morrit

Well, I wrote to c[EMAIL="cdunstone@cpwplc.com"]dunstone@cpwplc.com[/EMAIL] or whatever it is and requested someone look into this case. Bearing in mind this account is in my partners name and I have been speaking to them as I have full access. they refuse to even speak about it due to 'data protection' reasons. So I furnished them with the required data protection information. And now they say it's not her account... I feel we're being fobbed off here, but so far we have spent in excess of £250 due to their missold contract. And personally I'm stuck. They refuse to send out their 'sect 7 forms' and when I say I'll do it by letter they say it can only be done on their forms.

Can someone tell me, PLEASE... are we being f***ed around here?

Basically, they mis sold us the contract, have not rectified the situation, other than demand we go to a higher tarriff, will not contact us with regards to this, keep getting our case handled by different people, and now they refuse to speak about it.

OneADay

Think you need a third party to act as go between - trading standards http://www.consumerdirect.gov.uk/ is the only way I think you can do that if you have genuine grievences, they should be able to point you in what the right course of action is.

M4RKM

morrit wrote: »

The CPW guy said she would get 300 texts and 300 minutes + unlimited uk land line mins for £25 a month. That's been confirmed in subsequent convos with CPW who have listened to the recording.

You need to be fair here as well as getting to a conclusion that matches what the guy said he would offer.

You need to go to Racoon 35, which gives 600 mins 500 texts, and then they pay the £10 per month difference, PLUS what you've already gone over on the 1 or 2 months as monetary compensation.

OR, you need to work out the overage from the 200 mins etc, (so 100 mins times by overage per minute cost), which probably is more than £10..

Orange will put you UP a tariff so there are no issues there, it's not as if you're locked into a lower tariff, however, if they are only offering you £180 (aka the £10 a month difference between the 25, and 35 tariff), you need to explain, AND PROVE, what you've used. Also, if that is then over the 600 mins/500 texts per month, well, i don't think you can expect them to pay that.

because they've said that they did missell, then I do think this would be fair.

M