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Orange - Bullied into Contract

tengis19
tengis19 Posts: 47 Forumite
Part of the Furniture Combo Breaker
After to some advise. My 18 yr old niece went into the Orange Store looking at getting a Blackberry. The sales person proceeded to tell her she had to sign a form before she could see the phone, as insurance in case she dropped it whilst looking at it. This she did, the sales person then showed her his Blackberry not one for sale in store.

My niece than went outside to phone her mother. Her mother told her not to go through with anything. Whilst she was outside the sales person completed the forms and started the contract!

Surely this was illegal. She was duped into signing a contract form and did not even see a Blackberry that was for sale except the salesman own phone. I have advised my sister to contact Otelo.

Are Orange in the right to do this?
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Comments

  • Jon_01
    Jon_01 Posts: 5,901 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are you sure she didn't sign the contract and then change her mind?

    That's a sacking offence as well as a breach of all kinds of regs!

    You need to complain to the store manager in the first place and then the area manager. But its going to be her word against theirs.
  • tengis19
    tengis19 Posts: 47 Forumite
    Part of the Furniture Combo Breaker
    I understand what you are saying!

    She has assured us that is not what happened. She told the salesperson she wanted to telephone her mother before she proceeded.
  • tengis19
    tengis19 Posts: 47 Forumite
    Part of the Furniture Combo Breaker
    Exactly, as you say her word against his. It is going to be very hard to prove!
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tengis19 wrote: »
    After to some advise. My 18 yr old niece went into the Orange Store looking at getting a Blackberry. The sales person proceeded to tell her she had to sign a form before she could see the phone, as insurance in case she dropped it whilst looking at it. This she did, the sales person then showed her his Blackberry not one for sale in store.

    My niece than went outside to phone her mother. Her mother told her not to go through with anything. Whilst she was outside the sales person completed the forms and started the contract!

    Surely this was illegal. She was duped into signing a contract form and did not even see a Blackberry that was for sale except the salesman own phone. I have advised my sister to contact Otelo.

    Are Orange in the right to do this?

    Sounds a bit iffy from both parties, store assistants if I remember correctly don't get paid on a comission basis, so has little reason to force a signature to gain a sale, to start a contract some forms of ID would be required along with payment details. The customer did not have to use their usual siganture, and there are plenty of stores that will allow a look at a handset without all the saga you describe :j
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
    1,000 Posts Combo Breaker
    I know they can be pushy at sales, but i tend to find the actual operators okay, its places like phones4u that really force you.

    From my perspective it really does sound like she changed her mind, but only the store manager, and if necessary OFCOM/OFT can help here.

    Lesson 1, read anything before you sign it!
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Empty_pockets
    Empty_pockets Posts: 1,068 Forumite
    At 18 I would expect her to have more sense.

    Maybe harsh but she is an adult.

    Is there not a cooling off period?

    If she has signed up to a new contract did she get a anew handset? Surely if she didn't want it she would not have taken it with her when leaving the shop?
  • corbyboy
    corbyboy Posts: 1,169 Forumite
    Part of the Furniture
    Her version of events sounds a little dodgy to say the least.

    Did she present some form of ID for them to check? Surely they did a credit check and she must have given her bank details to set up payment. When you set up a new phone contract you have to give all sorts of information, not just sign a piece of paper.

    Did they actually give her a phone? Did she think they gave her it for free? If she didn't want to sign up for a contract why did she leave the shop?
  • d123
    d123 Posts: 8,717 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    for the credit check they would need her full name, date of birth, full address including post code and telephone number, bank details and time with bank. She would also have had to produce a proof of address and a proof of identity which the assistant would probably have made copies of.

    sounds as if she has had a change of mind, or the mother was angry about the contract so the daughter has changed the events to be the victim of an unscrupulous salesman.
    ====
  • Jon_01
    Jon_01 Posts: 5,901 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    She would have had to have given 2 proves of ID to clear the credit check, it's not as simple as just signing a contract.

    I'm forced to say her account of events sounds unlikely, sorry. . .
  • tengis19
    tengis19 Posts: 47 Forumite
    Part of the Furniture Combo Breaker
    Thank you all for your advise and comments.

    From the information given I am now in two minds of my nieces explaination. She is normally such a good girl but she may have just panicked as you say. If anything she has learnt a expensive lesson :)

    Thank you.
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