GM Group b2b and 3 mobile contract

Harveyweewax

I recently recently received a cold call from someone claiming to be from GM Group b2b claiming to be a network reseller and offering me a pretty impressive deal on upgrading my mobile contract.

600 talk minutes 400 texts for 22.50 a month.

A downgrade of my current contract to only £15 a month for 100 talk minutes and 100 texts which is better than the £280 cancellation penalty 3 have threatened me with for getting out early.

I'm already halfways through my 18 month contract with 3 and my horrible U880 handset has just died on me so their offer of a brand new one was tempting.

All in all I'm looking at a pretty good deal to all accounts.

The trouble is, I've never heard of them.

Has anyone ever dealt with this company and how did it go?

Harvey.

gaming_guy

if it was a cold caller, it could be anyone so personally i would leave it

Edit: saying that , i decided to have a google search and it produced a site for the company with a phone no. and address

alfienoakes_2

OK.. tricked maybe inflammatory.. but its pretty much what happened.

My brother has basically been bamboozled into taking out a new phone contract with GM Connect (Group) whilst still under contract with 3. The guy was a very fast taking Asian, and my brother was sure that it was 3 offering him an upgrade, they new his details and seemed to know he was up for a free upgrade very soon.

they also told him they would supply a great phone that had been voted the top mobile in its class for the last 3 months. The phone in question is a Sony Ericsson K530i.. hardly the latest handset.

Anyway.. after he took on the "upgrade" 3 then called him direct to tell him he was due a free upgrade...! He was understandably confused as he thought he had already done this..

Anyway, he has had the phone now just over the 7 day cool off, so thats out the window. He called GM to explain the mistake and they wont have any of it, insisting that he is now under contract. my brother said to them that he was basically tricked into it, so they are supposedly pulling the recording of the call to prove one way or the other.. He seems fairly stuffed really.

Is there a way he can get out of the contract, as they seem like a right dodgy bunch, pushing old handsets out as "latest phones" and basically conning people into taking out contracts when they now he is already signed up.?

How can people like this operate in such a disgusting manner.. they are scumbags of the highest order. There must be some rules against this..? Any help to free him from these vultures would be great.

Many thanks...

Andy

PS.. and no its not me.. it really is my brother it happened to...:D

esuhl

It isn't great the way these companies operate, is it? What I would do first is to ask the company for the recording of the conversation. If they have one, they are legally obliged to provide you with one under the Data Protection Act for a "nominal fee" (I vaguely recall that this should be £10 at most).

At least then you can play them at their own game. If the operator said ANYTHING misleading, the contract may be have been broken allowing your brother to walk away (or threaten to sue).

esuhl

Quoting from Part II, Section 7 of the Data Protection Act 1998:

"(1) ...{A}n individual is entitled... to have communicated to him in an intelligible form --

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data...

...

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received --

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require..."

I hope this helps. Sometimes it scares them if you quote the specific part of the law that you will be using to sue if they don't comply!

mikegahan

Your description is right, he was conned into a contract. Unfortuantely the mobile phone market is dominated by shysters and spivs. The best he can do is tough it out and keep on the case, writing, threatening legal action until they get sick of things. He also should make strong representations to 3 about the conduct of the company who sold it to him(and tell them that he is complaining to 3). The networks are supposed to be taking a strong line with agents who conduct business in this dishonest fashion.

Babboon

I thought distance selling regulations were 14 days on mobile phone contracts?
Personally I would report this to Three and ask them to cancel the contract and they can basically cancel the commission that these crooks try to claim.

Drucie

We have had a similar problem with GM Connect. My son received a cold call from this company trying to sell him a new contract at £30. He stupidly agreed. I know this sounds totally his fault, and whilst I would agree, I have to point out that my son is mentally vunerable and is backward in much of his thinking.. He says he didn't really understand what the salesperson was saying. Anyway he received the phone the next day and immediately phoned them to say he wished to return and cancel the contract. He was told he couldn't because it was a special deal. I phoned them today and was ready for the battle. It seems that he was "convinced" to stick with the contract (their words) so the 7 day cooling off period was therefore void. I pointed out to them that they should have actioned his request without forcing him with their "convincing methods" to keep the phone, and they have basically taken advantage of his vunerabilitiy. They have said they will listen to the phone conversations that took place, and if they deem that he wasn't particularly responsive to the salesperson, they will review their decision. I have no idea what will happen here, and am not convinced they even record telephone calls, but one thing is for sure, I would never recommend this outfit. Their techniques in acquiring new business suck!

piggeh

Personally I would immediately cancel any payment methods, write a letter stating you are returning the phone under distance selling regulations and because it was mis-sold. If they chase you for payment after that, then I doubt their side would stand up in court if you have a copy of the recording and due to the fact you acted promptly to cancel (which I believe you are fully entitled to do anyway).

I guess on the above post they're basically stating he voluntarily waived his right to returning the phone - it's a bit of a flimsy argument, he would have had to understand exactly what he was doing and over the phone would probably have had to be pretty specific (vocally - ie read out an exact statement) about which rights he was giving up.

Incisor

piggeh wrote: »

... I doubt their side would stand up in court if you have a copy of the recording and due to the fact you acted promptly to cancel (which I believe you are fully entitled to do anyway).

It's enough to ask for the recording under data protection. They can either cough up and give it, or deny that it exists. If it then comes up in court they can't produce it at that stage if they didn't produce it under a data request.

esuhl

piggeh wrote: »

I guess on the above post they're basically stating he voluntarily waived his right to returning the phone - it's a bit of a flimsy argument, he would have had to understand exactly what he was doing and over the phone would probably have had to be pretty specific (vocally - ie read out an exact statement) about which rights he was giving up.

I'm not sure this is even relevant. As far as I know, the cooling off period is a fixed amount of time. Whether or not he has supposedly "been convinced" to keep the phone shouldn't matter. He should still have that cooling off period.

Otherwise, he could have bought the phone, immediately said he was happy with the deal and waived the cooling off period entirely. This shouldn't be possible because the cooling off period is part of your statutory rights.

I would return the phone, report 'em to Trading Standards and Ofcom.