Stitched up with contract...can anyone help?

michelle29504

:mad:

Please can someone advise...I agreed to a new contract over the phone ( with Advanced Data Networks) approx three weeks ago. I was offered to be bought out of my contract with Vodafone, they would send new phone and my monthly bill would be £19, which would include unlimited internet and a certain amount of free minutes/texts. I was given 7 days in which I could cancel.

Shortly after the 7 days was up, I received bills from Three network. The first was for £41, and a monthly direct debit had been set up for £29.75 :eek: On questioning this, I've been told the initial bill will always be slightly higher (hence £41), but that I would have to pay the £29.75 each month and I'd receive cheques every quarter to pay back the difference in what I'd agreed to...This stinks to me - I've never heard of this before, and they certainly didn't explain any of this to me before I'd agreed to the contract. I was also quite explicit that I could not afford to pay more than £25 per month on a phone, mainly because I just don't use it enough to warrant spending any more than that.

My partner is in the same boat. He is trying to deal with the situation on both our behalfs as my contract is part of his business deal. The first phones we were sent were both faulty. He has spent the last week calling the customer services daily to speak with a manager, who is never available and never returns his calls. He has just spoken to a 'lady' at customer services who was really rude to him, and said we haven't been missold anything and that she will listen back to the recorded telephone calls we've had. My partner has asked for a copy of these; she said she'd email them to him (no doubt this will not happen).

They also signed us up for mobile insurance, which we didn't ask for or agree to, and gave the company our details to set up a direct debit. We already have insurance through our bank, and so would not have agreed to this.

They also haven't cancelled our contracts with the other company we were with, nor have they swapped our telephone number over - both of which they said they'd do.

So sorry to waffle, but I feel a bit sick with it all - don't know what to do or how to handle it, who to turn to, who to complain to, how to resolve it? We want to be able to cancel the contracts but because the seven days is up they won't let us. Please advise?

mobilejunkie

If you have written proof that was was promised was not what was provided you can sue. Otherwise you have fallen into the trap of buying over the phone and having nothing to prove it was mis-sold. The situation you describe is, in fact, not uncommon. Two of my friends got stuck with a 24 month contract without knowing it was 24 months, had to fight every month to get their money from the intermediary and are very unhappy with it. I didn't know them when they took the contracts out - but next time they will use my help to set up something genuine and much better.

It may not help you, but you should NEVER agree to ANYTHING over the phone; you must get it in writing first. That also applies to the networks (and people purporting to be with the networks but who aren't!). Vodafone often seems to offer one thing and dish up something quite different.

You could try making a formal complaint; I am not certain, but think that if it isn't properly dealt with in about 8 weeks the regulator may accept a complaint. However, I wouldn't hold my breath for the regulator.

I wouldn't have got into such a situation, but if I were I would immediately take action (LBA and then sue) provided I could prove that the contracts were not what I agreed to and that they are costing me a lot more than promised and agreed.

michelle29504

Hi, thanks for your response. I think because we've done this before over the phone without issue, we didn't think there would be a problem this time.

I understand that we've nothing in writing as to what was agreed, but then neither do they. If there is no written contract does it still stand? My partner has actually cancelled the direct debit with them before they take any money, and they've said he'd be subject to charges and will recover the telephone call recordings to prove we weren't missold the deal. We would be glad for this, as it would provide back up for us. The woman he's just spoken to has reiterated what monthly cost we'd agreed to - which is good news - but neither of us are happy with this cash back situation. I've googled Advanced Data Networks - there is a contact web page that contains comments from other dissatisfied customers, one of which says he hasn't seen any of this cashback.

I'm considering cancelling my dd also, but I'm unsure as I've actually used my phone - my partner hasn't used his.

mobilejunkie

Cancelling the direct debit will simply wreck your credit files for years to come. Your contract for the direct debit is with the NETWORK - not the intermediary. It's the worst thing you can do. As to what "they say".... they've said things before!

This type of cashback is an immense problem. I use a different kind of cashback (currently have 9 contracts myself and look after as many for several other people) where I am in control and the dealers can't avoid paying up. I have everything in writing at every stage and will take immediate action if they don't pay. You can't prove much in your own case unless they admit to or produce the recording of the original conversations (or even the one you just had with them).

You need to obtain some evidence of your (quite separate) contract for cashback with the intermediary; the network contract is with the network and has absolutely no bearing. Any money promised by the intermediary/dealer is what you hold them to account for. Cancelling the direct debit will not only affect have no impact on that BUT will breach your contract with the network.

With ANY cashback deal (or in this case oral contract over the phone) just because it worked as promised before doesn't mean it will next time. A lesson many would do well to learn with the kind of cashback contracts I specialise in. I would add that it is almost certain that my kind of cashback contracts are not only much safer (IF you know what you're doing) but invariably a LOT cheaper than the kind you have beeen snagged onto. However, you are effectively now tied into your contracts until you can downsize or end them, which may well take up to 24 months I suspect.

ridethelightning

michelle29504 wrote: »

I understand that we've nothing in writing as to what was agreed, but then neither do they. If there is no written contract does it still stand?

If there is no proof you agreed to the contract then there is no contract. If they are unable to retrieve the recording then there is simply no contract, if they do retrieve the recording then you can prove you were missold (if indeed you were) and cancel it based on that.

As was mentioned the worst thing you can do is cancel the DD as this will only ruin your credit rating.

My recommended course of action would be: If they do not provide you with the recording, send them a recorded delivery letter entitled "letter before action" and explain that they have not stuck to the terms of the contract that was agreed and that on these grounds you wish to terminate the contract without penalty. Inform them that you will give them 7 days to respond before you begin legal action, then take them to small claims.

macman

A verbal contract has exactly the same validity as written one. The problem is that it's your word against theirs, and you have to prove that they mis-sold it..

ridethelightning

macman wrote: »

A verbal contract has exactly the same validity as written one. The problem is that it's your word against theirs, and you have to prove that they mis-sold it..

Id say its more likely they have to prove you actually have a contract. If there is no evidence of a contract being made (written or recorded) then you could simply claim there never was a contract and they would have to prove otherwise in order to continue taking payment.

grumbler

ridethelightning wrote: »

...you could simply claim there never was a contract and they would have to prove otherwise in order to continue taking payment.

This will sound very plausible after you have received the new handsets and started using them on the new network.

macman

The OP does not dispute that he agreed a contract. See below. They'd hardly have sent him a handset and taken all his bank details if he hadn't. What is alleged is that it was mis-sold-that it was basically a hiddden cashback deal . Entirely different dispute.

'and they certainly didn't explain any of this to me before I'd agreed to the contract'

gjchester

macman wrote: »

The OP does not dispute that he agreed a contract. See below. They'd hardly have sent him a handset and taken all his bank details if he hadn't. What is alleged is that it was mis-sold-that it was basically a hiddden cashback deal . Entirely different dispute.

'and they certainly didn't explain any of this to me before I'd agreed to the contract'

Still needs to go back to the retailer not the network though, and until sorted the OP needs to keep paying (and say they are under sufference) or risk a defaul on his record.

michelle29504

Thanks for advice everyone. I haven't cancelled direct debit. We have rung twice more and been told we'd receive a call back (course no one's called back). The last person we spoke with said we should have been sent the terms in the post (of course, we haven't received anything). My partner's actually called 3 network to ask for advice, the manager said he'd call back (course he hasn't). I'll just have to keep mithering them til they give in!