Have I been mis-sold?

YMH

Long story short. I took out a mobile contract with O2 about a month ago for a HTC desire and their lowest business tariff for that kind of phone.

Well it turns out instead of putting me through as a new customer they have merely upgraded me and making me ineligible for the deal I specifically requested.

I am now hitting a brick wall with customer services and am minus my unlimited landline calls (which they still offer as a deal for online or telesales customers) and I am being billed for some of a smartphone bolt on even though the deal I asked for came with 500mb.

They are saying there is nothing they can do but this is not the deal I wanted nor requested. At no point did the man who sold me this plan say I wouldn't get what I was expecting nor did he confirm what I actually would get. In actual fact he had to call me back later the same day to clarify what phone to order me!!!

Have I been mis-sold and either way is there anything I can do about not getting what I asked for?

gjchester

YMH wrote: »

Long story short. I took out a mobile contract with O2 about a month ago for a HTC desire and their lowest business tariff for that kind of phone.

Well it turns out instead of putting me through as a new customer they have merely upgraded me and making me ineligible for the deal I specifically requested.

Were you an existing customer and did you keep your number? If you did it's an upgrade not a new customer connection.

If you try and keep a number and get an upgrade by claiming to be a new customer it's a back door upgrade and they'll disqualify it.

Jon_01

As gj rightly say, you can't be an existing and get a new customer deal. At the least you'd have to port out and back again.

YMH

Yes and no to the existing customer bit. I have been a personal customer for 10 years but have migrated to business. From their end they cannot simply transfer you but will allow you to keep your number. The informed me they would need to cancel my existing contract (rolling sim only) and set me up as a new business customer!!!

Either way I had previously been told I could have the deal on the website and have not been given this deal. Also the website had a bit about keeping your number (which I need to do as my business runs off of it) but mentions nothing about HAVING to upgrade rather than taking the deal offered.

Guys_Dad

Very simple - request a copy of the conversation you had when you transferred. This is the only proof either of you have on what was agreed.

Without it, neither of you can prove what was actually agreed and, if they can not find this verbal contract, demand that they cancel the deal and PAC coide yourself out.

You will need to be resolute, quote Data Protection and, if necessary, send in a formal Data Protection request demanding a copy of all data they have on you - including audio - (it may cost you £10).

Only 1 fly in the ointment and that is you now have a business a/c. If it is in a business name, then they might claim it is not personal data from the time you transferred.

Freddie_Snowbits

Don't forget to quote DSR. Ooops, wrong is this a business transaction and SOGA and all that do not apply!

YMH wrote: »

Yes and no to the existing customer bit. I have been a personal customer for 10 years but have migrated to business.