Carphone Warehouse Dillema

I.D

I'm quite annoyed. Its easier if I copy and paste part of the letter I sent to hed office of CPW and Vodafone

"I took out a contract though you on 08/05/11 – a HTC Wildfire on Vodafone for £30 per month (300 minutes, unlimited texts, 500MB data and £100 cash back)
I came in with the idea of a Samsung Galaxy S. I was told I could not get this phone on cash back so I asked for a phone that had the same / similar specs to the Galaxy S as I wanted a phone to handle 2 key functions for me – a phone that could handle good quality video and also that could process and handle the higher end apps/games.
I was recommended the HTC wildfire. The salesperson demo’d the phone although she just flicked through a few screens and took 2 close pictures of a leaflet. She assured me that the phone was comparable to the Samsung Galaxy S in specs and as I am not overly technical I took her advice and signed up.
Very quickly it became apparent that the phone I received did not match the Samsung Galaxy S by any standards and therefore cannot carry out the purpose I require it for at the level I require it and requested initially.
I asked about the returns policy and was simply told that I had 14 days to return the phone for exchange / refund. I was not told of any exceptions or limitations to this.
The HTC Wildfire was NOT as described as it clearly does not have the same or even comparable specs to the Samsung Galaxy S. Therefore I have been mis-sold the phone, whether intentional or not.
I also found the staff in Carphone Warehouse in ****** extremely rude when I tried to return the phone due to being mis-sold and they were clearly trying to be intimidating by having 3 members of staff facing off with me and my 1yr old daughter which I did not take kindly to.
I have logged a complaint regarding the treatment I received and requested a full investigation into this"
Not only that but during the first week I didnt really use the phone as I am a light user, but after my fiasco at the store, where they told me the 14 day signal applied only for signal issues (different from what I was told when I signed up) I then realised while using my phoone over the weekend I actually struggled to get signal anyway. 2G signal on 2 bars only by the windows and 3G only outside for the most part.
Took the phone back on Monday 16th to a different shop to be told because I complained about being missold, the shop I initially took the contract out with had noted the account to not refund me under any circumstances.
I phoned Customer complaints and was then told the signal return policy only applies to outside the house.
Spoke to second line who informed me that if the terms do not state a returns policy, then there isn't one.
--
Surely if the terms do not state a returns policy and I ask what it is, as I did... and was told 14 days for exchange / return, then I can only go by what was verbally informed.
Where is the consumer protection as nothing I have found out since taking the contract out is found on the web easily or anywhere else!! And i looked.
not only have i been missold the phone but I am also with poor reception, and 5 days from being stuck in a 24 month contract.
I have called Comsumer Direct and subsequently written to the Head Office of CPW and Vodafone.
What now?

Guys_Dad

Interesting, but one question. If pushed, can you prove mis-selling? Have you any proof whatsoever about what you say you were told?

If not - your word against theirs.

Here are their t&c for purchases made through one of their shops http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{11a18a50-bcb7-11de-e56d-000000000000}

I assume these are the current terms. It seems that returns within 14 days are O2, talkmobile and Virgin only.

A bit late now, but you should have checked all this out first and also done some research on the phone before entering into a £620 commitment. You now have a mountain to climb to prove mis-selling, although I have no doubt you were as sales staff are often misinformed and, of course, some will do anything to make a sale.

Good luck, though, with your letter and keep us informed.

I.D

Indeed, and thanks for the link.

I did do some research on the phone and the network before I went there. The coverage checker states great reception, it's just not the case.

And not having had or owned an Android / Smart phone, Im not greatly up on modern technology but did enough to know a Samsung Galaxy S or one with comparable specs would do the job.

But without a voice recorder or video to prove I was mis-sold on a shop premises, there is no way to prove it, and the shop will always stick up for their staff.

The only clout I have is that my entire family (weird as it may sound) opt to all be under the same provider for all telecommunications, and with 21 seperate accounts with Vodafone and Carphone Warehouse bought products, they will at a drop of a hat all cancel if the situation isnt resolved satisfactory.

I think that odd myself, but my family keep very close (Im probably the exception lol).

So they stand to lose a sizeable chunk of revenue by dismissing it, but I am saving that for a backup.

My statutory rights state if I am mis-sold a product or get bad coverage I can return it, but they are working round that.

No where in the signed T&C's is there a clear indication of what the returns policy is, so without googling extensiveily, how would anyone know...??

Surely it is unethical to have such misguidance on such issues?

Guys_Dad

I.D wrote: »

Indeed, and thanks for the link.


The only clout I have is that my entire family (weird as it may sound) opt to all be under the same provider for all telecommunications, and with 21 seperate accounts with Vodafone and Carphone Warehouse bought products, they will at a drop of a hat all cancel if the situation isnt resolved satisfactory.

So they stand to lose a sizeable chunk of revenue by dismissing it, but I am saving that for a backup.

So Vodafone, who seem to be the "innocent" party ( can't believe I just wrote that about Voda) in this will lose future revenue whereas it's CPW's fault. It's like being refused a return on a Planet dress from Debenhams and you saying you will never buy Planet again.

And I can't see all of your family taking a massive hit by terminating their current Voda contracts mid-term because you were turned over by a CPW employee, but maybe I don't understand such strong family loyalty.