Mis sold dongle consumer rights question

lee.stanley3

[FONT=Arial, Helvetica, sans-serif]I received a text on 30th September for an EXCLUSIVE OFFER of a free Win7 laptop. I called the number to be offered a free net-book.
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[FONT=Arial, Helvetica, sans-serif]I asked what the package was, to be told I would receive a free net-book (as all the laptops had gone) and a Vodafone dongle. I asked how much the dongle would cost or what the catch was to be told that the package cost £12 per month, I would receive a cheque for £150 that covers the next twelve months the dongle, therefore the dongle is free so long as I do not go over the 2GB allowance (thats how they make their money!!). [/FONT]
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[FONT=Arial, Helvetica, sans-serif]I also asked why this was offered and surely the company can not give this away free net-books and dongles to everyone only to be told that it was the last day of sales and the team needed to hit target therefore that is why they give them away free. [/FONT]
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[FONT=Arial, Helvetica, sans-serif]I was then called back on my mobile number and my order was verified with another female member of staff. [/FONT]
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[FONT=Arial, Helvetica, sans-serif]I did not question the cheque with this other member of staff (although it seems as though I clearly should have done).[/FONT]
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[FONT=Arial, Helvetica, sans-serif]The net-book arrived 5 days later and I am still awaiting the cheque to cover the payment for the dongle. I received an invoice with all zeros on for the dongle netbook and all items on the invoice????
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I have called the company who claim not to have any record of my initial call and only have a record of the verification call.

I have also emailed this information and threatened to take them to Trading Standards and had this reply.

We managed to retrieve your recorded calls on our history archive and listened to the verification call which acts as a binding contract. Despite what may or may have not been promised to you by your account manager, a cheque covering any amount has not been mentioned during the verification and as you were informed ‘that information supersedes any other information given so far’ we are therefore not inclined to send one. However, 12 months into the contract you are entitled to a midterm review, where your account will be assessed and you could be entitled to cash back or any available discounts with possible handset upgrades. I really do apologise for the misunderstanding. If you would like to listen to the verification call for peace of mind yourself, you can purchase it for £10.

Trading standards uphold a 7 day cooling off period which we also work by and considering you were connected on the 6th of October you are outside of your 7 day period and cannot cancel your contract.

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I need advice on what I can and cannot do. I am happy to return the poducts to the provider as I feel I have been mis sold the actual package. If the first guy had said you may get a cheque at the end of the 12 months I would not have taken him up on the offer.


[/FONT]Any help warmly received.

paddyrg

If they can give you a copy of the verification call, tell them you will instead have a copy of the original call with the promise in question, and use that to base your case on?

Badger_Lady

Yes - it's unlikely that they *can't* retrieve the original call, but just that it proves their distinctly dirty sales tactics! "This supercedes any other information given" - ooo, just that phrase on its own makes me mad :mad:

scheming_gypsy

paddyrg wrote: »

If they can give you a copy of the verification call, tell them you will instead have a copy of the original call with the promise in question, and use that to base your case on?

but won't they still come across
as you were informed ‘that information supersedes any other information given so far’

texranger

scheming_gypsy wrote: »

but won't they still come across
as you were informed ‘that information supersedes any other information given so far’

they may, but the original call is where the order was placed and what was included in the order.

paddyrg

The original call was the offer - I would imagine it would be a significant enough term of the offer that the small claims court would find for you, and they're wriggling as hard as they can. Personally, I'd give it a try.