Mis-Sold A Contract By Carphone Warhouse, where do I stand?

CannotFindHelp

On April 21st I called Carphone Warehouse and asked about the delay on a previous contract order I had made through their website. Taking some details and accessing the account the salesperson followed this up and regrettably told me I had failed the credit check. I was a little astonished and told him that I didn't think it was possible to fail a £10 a month credit check when I wasn't in financial difficulty.

He asked if we'd like to try some other networks and see if any of them would offer me a contract. I accepted his offer and we settled on 02.

They wouldn't offer me a £10 a month contract with the phone of my choice either, but still, he told me to wait and hang on while he had a word with them. Two minutes later he came back, and this bit is really important, he offered me two choices.

1. He said I could pay a £150 deposit for the contract phone, and after three months of successful billing and using the contract, I would get my deposit back
2. He said that if I went with a £10 a month 02 Simplicity Sim I could wait until May 21st of the same year, by which time 02 would take their first month's payment from my account, and then either ring Carphone Warehouse or walk into a local carphone warehouse store and be given the contract phone that would have come with the contract I was trying to get there and then.

Now, it's important to point out that Carephone Warehouse make a point of mentioning they record telephone calls...for training purposes...and that most likely this conversation was either being recorded or monitored closely. So, I asked him to repeat what he had said to double check, mainly because I did not have an Unlimited Phone....was only on a T Mobile PAYG phone, and I had no reason for an 02 Sim unless I had a phone to go with it. But I taught, if I can survive the month, then I'll be OK and get a phone

He confirmed these were the two choices and I took option two. The deal was finalised, he took my bank details and he sent out the paperwork. 2 days later my SIM arrived....I didn't even take it from its packaging, and kept all invoice receipts and POP. There is no mention of any special arrangements or particulars written on the invoice but it does Identify the person I spoke to who represented CW.

On May 6th, without any warning, 02 took their first £10 payment (I received no paper bill, despite expecting to receive a bill if I were on a contract phone) and so thinking that they had recorded my bank details and taken £10 for nothing, I called CW EXPECTING to sort out my phone. No luck. Neither 02 Customer Service, 02 Upgrades, 02 Customer Service within Carphone Warehouse or Carphone Warehouse Sales Department would agree that a CW representative would make such an offer...because it simply wasn't going to happen. I had to have the Sim for 3 months, 4 months or 6 months (I got 3 different time frames) before a phone would be considered.

When I told a Carphone Rep that I had no use for an 02 Sim without an 02 phone she hung up the phone on me

Tomorrow is May 21st, so where do I stand, can I go into a Carphone Warehouse store locally with my details and will someone somewhere have written some notes into my file to say this deal was made...or have I been screwed? What the hell is going on with Carphone Warehouse and did someone blatantly lie just to get me to buy a Sim I can't use without an 02 phone

DarkConvict

You best bet is to contact consumer direct. http://www.consumerdirect.gov.uk/about/how-we-help/

Your main issue here is verbal agreement! Unless you have a copy of the recording yourself or the agreement in writing they will supply the phone, you don't have a leg to stand on. If you have no proof then they will not honour it, vodafone sales and upgrades are just as bad if not worse, they sign you up to different even non existent contracts to what you ask for/agree to.

expatriate

Simplicity is often a good option for those to take that have a low credit rating as it does enable the person to establish credit with the company and upgrade to a longer contract. Obviously on the proviso that payments go through fine and you need to keep it for a minimum of three months.

The payments for new contracts usually go out around the first two weeks as they are entered on a pro-rata system to get you on to the billing cycle.

I wouldn't worry too much as sales calls through CPW are recorded and due to you being on a simplicity contract it won't be too hard for them to sort out if you've been mis-sold. You will need to speak to someone on second line support who will then listen to the call, usually you get there by going through customer service first.

iwanttosave_2

It is 6 months you have to be on simplicity before you can upgrade on O2 if you have a sim restricted credit check.

bigdavecox90

I work at Carphone Warehouse, and this sounds very odd.

I can understand the deposit option as this may sometimes happen after a credit check has been done.

However taking the sim and going into a store to 'pickup' a phone has confused me.

You may have been eligible to upgrade to a contract WITH a phone, after about 3 months with just the sim. This is perhaps what the sales person was trying to get at?

CannotFindHelp

bigdavecox90 wrote: »

I work at Carphone Warehouse, and this sounds very odd.

You may have been eligible to upgrade to a contract WITH a phone, after about 3 months with just the sim. This is perhaps what the sales person was trying to get at?

I can understand your confusion, but I cannot be any more clearer on what was said to me, I was offered the Simplicity Sim for the time being. Then, after one month with the Sim, I could either call Carphone Warehouse or drop into a Carphone Warehouse store and receive the phone I initially wanted for my contract with my Sim for no extra cost and no added credit check

That was what the person told me, and this was recorded or monitored by the company

OneADay

I would more concerned about the deal you have right now with the Simplicity - if its a rolling 30 day deal, you will get another £10 taken from your account (probably 6th June). If it is rolling, then you need get give 30 days notice.

If you really want the phone contract - go to the cpw shop and see what happens, but I would say you are better talking to O2 directly (in one of their stores or free from the Simplicity sim on 202).