carphone warehouse mis-selling

yeti08

Dear all, i will keep this as short as possible as I write this on my HTC desire.

I have been mis sold a phone contract by the manager at carphone warehouse by the term UNLIMITED INTERNET. I learnt later by chance thsy unlimited is infact 500mb, with a charge of 50p per day for 25mb more.

This is NOT mentioned on any contract terms and conditions I have signed at all and is only mentioned on the terms and conditions posted by Vodafone about a week after starting contract. I have called Vodafone to see if this misleading data bundle can be modified before I attempt to return my phone tomorrow, there answer is no.

What is my legal standing. I have nothing that i signed instore that mentions fair usage policy of 500mb.

Many thanks

Browntoa

all unlimited packages have caps from what I have seen

Browntoa

all these vodafone plans state 500mb cap

http://shop.vodafone.co.uk/shop/mobile-price-plans/all-plans?initialFilters=flt_paymonthly

eranou

I don't think there is any data plan offered any network that is truly unlimited

yeti08

Which I accept as fact, but i was not told this and other providers give more fair usage. I have been deceived by having this deal breaking 500mb internet both absent from contract and when sold as unlimited by the sales staff

yeti08

May I add that I intend to return this phone tomorrow based on mis selling of contract. I have used 150mb in 4 days with casual web browse on the way to work and a few short youtube clips.

gjchester

yeti08 wrote: »

May I add that I intend to return this phone tomorrow based on mis selling of contract. I have used 150mb in 4 days with casual web browse on the way to work and a few short youtube clips.

All mobile co's have a amount they are limited to on internet or a fair use policy. It's on all vodafone point of same posters and no doubt in CPW's book. You are unlikely to get any luck claiming it's not unlimited as the ASA have even jusdged that Unlimited and then stating a limit is legal.

See http://www.asa.org.uk/Complaints-and-ASA-action/Adjudications/2009/12/Vodafone-Ltd/TF_ADJ_47835.aspx

You have no rights to retuirn it under the 7 day distance selling rules as you bought it in store, so it will be down to the goodwill of the mananger.

Good Luck, but I suspect you will not be able to return it.

yeti08

That is mad. I have no legal right even though I have been intentionally mis lead and mis sold the phone contract. I will have to speak to trading standards first, what cpw book? No mention of 500mb both verbally or in contract. I have used 2mb out of 16 a day already just getting here to write this,before I even check the news or look at YouTube

It's a screwed up world if I have no protection against carphone warehouse deliberately withholding key information on my contract. Both verbally and in writing.

Cheers all for your advice

gjchester

yeti08 wrote: »

That is mad. I have no legal right even though I have been intentionally mis lead and mis sold the phone contract. I will have to speak to trading standards first, what cpw book? No mention of 500mb both verbally or in contract. I have used 2mb out of 16 a day already just getting here to write this,before I even check the news or look at YouTube

It's a screwed up world if I have no protection

Cheers all for your advice

The book is CPW's "catalog" of phones and tarrifs. It also carries all the terms and conditions of the network. You may find the CPW contract you sign says refer to the CPW catalog for full details of the contract. By signing it was assumed you read the book and knew the details.


Given the ASA have already rules (and only in december of last year) they will probably be very little they can do.

It's not a lkot of difference to the unlimited broadband we are sold but don't get. Most people don;t hit the limits so it's unlimited to them is the view.

Not fair, misleading to many but thats the way the ruling it at the moment. If you want it changing you'd need to take Vodafone to court and make a legal precident.

yeti08

Oh dear. Last time I pay more to buy in store but get less rights. If I can not return (I will fight hard) and Vodafone charge me for using internet for say 1gb I will not pay them for that part (will pay directly) and take to court if nessisary. Or maybe I will go after cpw, I'm gonna fight this because I have had information about my contract with held and now i am stuck with something that is not sufficent.

yeti08

Thanks gjchester , I will read my contract again but I don't think it says refer to there catalogue. Otherwise they got me there, but I will check as soon as i am off the bus.
Thanks all