O2 Mis-sold contract - how can I get out!?

laura_lou84

Hey,

I need help!!

I took a new contract out with o2 at the end of april (£36 line rental). Specifically because I live in Italy and wanted to utilise the 4 texts for 1 from overseas.

Lo and behold when I got my first bill it was high (£75), I assumed it was just 2 months worth of line rental, next bill comes in £80, as I was in the UK at the time I went in to the carphone warehouse where I took the deal out and they said I was being billed for texts when it shouldn't be happening and they couldn't understand why. They then rang O2 on my behalf to be told that deal had ended 3 years ago and they didn't know!!!!

I had specifically asked the salesman if the deal was still active as I wouldn't want the contract anyother way and he told me yes, and that there unlimited texts were 3000 so I'd get 750 texts a month to send back to the uk.

Whilest complaining I said well I do not want the phone as it is no use to me without that deal, it has been passed to their head office, they offered to refund me the first 3 months worth of texts but wouldn't cancel the contract. I was then advised to take it up with HQ on my own, which I have done to no joy. Am I now indefinitely stuck with an iphone I don't need (or want - I already have one I don't need two) or can I get out of this deal?

I have said I will take it further, i.e. small claims court as I have been lied to my the salesman. none of the staff knew the deal wasn't in existence even when I went in to complain but of course the salesman originally said 'I can't remember her asking' to 'no I told her she can't have that deal' How stupid do they think people are, I wouldn't have taken the contract out if that deal wasn't in existence! arghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

HELP!

grumbler

I think by offering you the refund they thereby admitted mis-selling. Probably worth taking advantage of this if going a small claim court route.

Guys_Dad

It comes down to what you can prove.

Have you any paperwork at all that confirms the deal you wanted? Just where did you see the 4 for 1 deal information? Was it in the CPW shop? Did you have a recent advertising blurb from O2 or CPW highlighting it.

Specifically, have you anything at all in writing referring to this deal that is dated within the last 3 years?

Most importantly - Did you go into the shop and ask for that specific deal or did the salesman actually offer that as a plan from scratch?

You see, without that then it comes down to a "He says - She says" situation and the salesman is obviously having convenient amnesia.

I usually agree with grumbler, but in this case I think an alternative appraisal of the 3 month offer is just customer relations/goodwill, but I may be wrong.

Silk

First of all my recollection is that the deal was around till about Feb/March last year when O2 pulled it.
If you were on it and upgraded you lost the 4 for 1.
My OH's mate is a trolly dolly and she and many others used to use it for sending texts home etc.
It caused a bit of a fuss at the time and I'm sure that CPW staff would have been aware it was no longer available.

Any action you take is going to have to be against CPY and not O2 and as you live in Italy I can see nothing but complications for this esp. as GD pointed out it is going to be your word against the salesman's word.

laura_lou84

Thanks guys. Yes it is a she says he says type scenario. I asked the salesman if the deal was still in play as I wouldn't want the phone without it, and he assured me it was (even doing the math for me for the 3000 = 750) as I thought it was capped at 2000. The manager nor the other staff knew of the deal not being in existence anymore which for me says it all - they didn't keep up to date with offers and sold on false pretences. I have witnesses for the sale and the subsequent verbal complaint, and I'm sure they record their phone calls which included the manager saying he doesn't know if the salesman is remembering correctly kind of thing.

I think I will take it to the small claims court - more for principal than anything.

Oh and I am a UK resident I just live over here for work!

Grazia!

stilltheone

laura_lou84 wrote: »

Thanks guys. Yes it is a she says he says type scenario. I asked the salesman if the deal was still in play as I wouldn't want the phone without it, and he assured me it was (even doing the math for me for the 3000 = 750) as I thought it was capped at 2000. The manager nor the other staff knew of the deal not being in existence anymore which for me says it all - they didn't keep up to date with offers and sold on false pretences. I have witnesses for the sale and the subsequent verbal complaint, and I'm sure they record their phone calls which included the manager saying he doesn't know if the salesman is remembering correctly kind of thing.

I think I will take it to the small claims court - more for principal than anything.

Oh and I am a UK resident I just live over here for work!

Grazia!

Some people got caught out by this. The old Simplicity contracts (2009) maintain this function, but many went for the new Simplicity 2010 after being offered discounts, the offer of more minutes and unlimited texts.

DUTR

stilltheone wrote: »

Some people got caught out by this. The old Simplicity contracts (2009) maintain this function, but many went for the new Simplicity 2010 after being offered discounts, the offer of more minutes and unlimited texts.

I'm glad to say I was not one of those, I kept the original simplicity with inclusive text, mms and video calls for my £20.42 per month :cool:

stilltheone

DUTR wrote: »

I'm glad to say I was not one of those, I kept the original simplicity with inclusive text, mms and video calls for my £20.42 per month :cool:

Come on now, let's not be smug.