Miss sold a mobile contract

frank_zappa101

Hi folks.
I'm new here and joined because I have recently had an issue with The Carphone Warehouse miss selling me a contract.
I was called by the Carphone Warehouse at the end of my last contract and offered an upgrade. I was told that I'd recieve 600mins, unlimited text messages and unlimited internet. In addition they would charge me £25 a month over 24 months. So I was paying £35 a month for 600 mins and unlimited texts this sounded attractive.
When I looked at my account on line i realised I was getting charged for data, so I went into a branch of Carphone Warehouse and asked them to look at my contract. They found I was on a deal whereby I had 600 mobile minutes, 500 txts and unlimited landline calls. But no data allowances at all. The gentleman who delt with me said he'd put a not on my account for someone from orange to call me.
I recieved a call a few days later. I was told that the deal I was offered was no longer available and orange where not prepared to add the unlimited internet to my account. He offered me a chequeback for £140, which pays for an internet "bundle" at £5 a month. He also told me that he would call me back and do a conference call between myself, himself and orange so that we could rectify this situation.
Has anyone else been in a similar situation to myself? Should I ask for more money in order to pay for an unlimited text "bundle"? Should I ask for a refund on the data charges I have run up? Can I cancel and keep the phone? (it's a nice Nokia E71 and i am reluctant to cancel because I want to keep it)
I'd be grateful If anyone could shed any light on this situation.

dolphinstwins

Hi there
There are others on this site more 'au fait' with regulations and what you can get away with etc.
You may want to have a look at the distance selling regulations as to what it states there, especially if you feel you've been miss-led
However if CPW are willing to 'just give you' £140 to essentially pay for the internet bundle I'd say that wasn't too bad (personally speaking) as your still paying the same and getting what you originally beleived you had signed up for.
If CPW are willing to give you money and find an amicable way to settle I'd personally try that option first, but ensure you send a letter in writing too. (Cover your back should you wish to dispute resolution later)

If your with Orange they may allow you to change your 'bundle' after 6 months or so (don't quote me on that though - I may have missread their info on them always looking to ensure your on the 'best plan)

However - if you do manage to change (sounds like your on a Racoon tarrif when you wanted Dolphin) this may upset any cashback or line rental reduction plan you may have signed up for so best to check with CPW

Others with more experience or Savvy to situations like this may be able to help more tho.

robt_2

Someone has messed up, they have offered you a solution which means you are paying what you thought you would be paying, what is the problem? As they have been reasonable, I don't see why they will not waive any data costs already incurred.

Why on earth should they pay for your unlimited text bundle?!

DarkConvict

Since you were told one thing and given another, that is mis-selling. Ring consumer direct for advice.

If you are however happy with the fact you get unlimited internet by a £140 cashback and apply it yourself, + a guess you keep your other unlimited landlines bundles then keep in touch with CPW and orange.

As to the Data Charges, a mistake by CPW has incurred your charges. Ask them to pay up, if they fail contact trading standards. They helped me with a missold contract and charges before.