Phones4U strife

Spork

hello all


I've been out of the country since mid-December and only got home yesterday. While I was away (in France) Phones4U rang me on my mobile (at my expense!) to see if they could help me reduce my tariff - I got my phone from them last year and have a contract with Vodafone. They said they could reduce my tariff and provide me with a new phone. I agreed to this on the condition that I kept my existing number. They said I could only keep my number if I moved networks to Orange. I agreed. They took a whole raft of details and ran a credit check.

They then rang me back the next day to say the credit check had failed and that they had run it through Vodafone and it was all fine. They said they'd send the phone through the post. I told them I didn't want to agree to anything unless I had it all in writing and that I wouldn't be back home for at least 2 weeks (this was mid-January). They said that was fine and all the paperwork would be with the phone, so nothing would happen until I signed it all when I got home.

They sent the phone while I was away and my girlfriend signed for it. When I got home yesterday I opened all the paperwork and the phone box, only to find that it had a new number, which I expressly said I did not want.

I went into my local Phones4U branch today to explain that I didn't want the phone if it had a new number, because that wasn't what I had asked for. The guy in the shop rang somebody up, who I then spent the next 30 minutes getting increasingly frustrated with.

She basically said they couldn't do anything about it because I was past the 7-day cooling-off period, even though I had only physically seen the phone and opened the paperwork the day before. She made a pretence of checking with Royal Mail as to who had signed for it - I told her my girlfriend had. She went off and spoke to a manager for about 10 minutes, but when I asked to speak to a manager there was none available. I told her that it wasn't what I had asked for and surely there was some comeback as they had made an error. She said there was nothing they could do about it and they couldn't cancel the contract. She also said she would check the recording of the call they made to me where I said I didn't want a new number. She spoke again to the guy in the shop, who told me I was stuck even if they did check the call where I said I didn't want a new number. In the end she just kept repeating 'We can't cancel this contract' regardless of what I said.

Meanwhile I am stuck with two phones and two contracts, and I can't cancel the one I don't want, with the number I don't want. The only thing is the number - I'm happy with the phone, tariff and contract, it's just that the number is different.

Surely I have some comeback given the fact they haven't given me what I asked for? How can I go about getting them to honour what they said they'd provide?

Jarlawuk

I used to work for Phones 4 U, they won't return the new phone for you because your gf signed for it and you ran past the return date. Best you could hope for is whats called a gesture of good will which customer services can give out but they tend to be very reluctant to do so.

Tedrick_2

I think that this falls into the distance selling act...

As you ordered that handset over the telephone, you should have 14 days cooling off as oppose to 7 and the 14 days start from the day that the delivery was signed for.

I can understand your frustration at the fact that you requested to keep your existing number, and have been lumbered with a new number and a separate contract. As mentioned, they can bring up the recording of the call, and what you were told about them not being able to cancel is farcical! When i worked for O2, via the call centre, if i was to mis-inform a customer, whether it be relating to the amount of free texts they have, credit, or when ordering a new handset, if I mis-quote specifications, i would take the flak, and the company have to honour what i had offered.

I think you should chase this up further, and i reckon that you stand a good chance of having this second, unwanted line cancelled.

Spork

Thanks Tedrick - are you sure it's 14 days? The OFT website says it's 7, and the T&Cs with the phone say it's 7.

Road_Hog

Can't you just request a PAC code from your existing provider and port your old number over to the new contract?

http://en.wikipedia.org/wiki/Porting_Authorisation_Code

whereruuk

u can cancel ur exiting contact and tell them u want to keep ur no, they will tranfer ur no to payasgo. so u will have to keep 2 fones one for dialing and second for receiving. REM u cant port vodafone to vodafone

Jarlawuk

Road_Hog wrote:

Can't you just request a PAC code from your existing provider and port your old number over to the new contract?

http://en.wikipedia.org/wiki/Porting_Authorisation_Code

You can't port number from same network to the same network as already mentioned. Also voda don't accept number ports after a number has been connected unlike the other networks, so even it was a different network the op still couldn't keep his number.

FLOWERPOWER_3

got new mobile fron phones4u last week wasnt the one i wanted but took it anyway 2 days later phone was in that i did want phoned phones4u said because i was still in my 14 days period i could exchange the phone got there to be told i couldnt because the assitant had sold me a branded phone on orange alls they could do was cancel phone then reconnect to orange with a new contract so i said ok but when they tried orange declined now phones4u are offering me cheque of 105 pounds to keeps this contract and sorry for the upset. would i better cancelling altogether but if i do that im left with no phone because all other networks declined also why is this dont understand.

esuhl

Under the Sale of Goods Act, supplied goods must be "as described". You said you wanted to keep your number and therefore get a SIM from Orange. Phones4U sent you a Vodafone SIM. They have therefore broken the terms of the verbal contract that you had. You notified them of this at the earliest moment at which you noticed this.

Any cooling off period / signature etc. is irrelevant. You have not agreed to this contract, and Phones4U are responsible for cancelling your contract with Vodafone (since it is they who initiated it), refunding you for any phone/extras you have received and for paying/arranging for the goods to be returned.

Insist that they do this immediately, and if they refuse, sue them (after taking proper legal advice). I find it outrageous that companies can operate in this underhand manner!

baldelectrician

I would request a copy of the calls made and notes on the account (see Subject Access Request under data protection act)

Write to them recorded delivery rejecting the goods as they were not 'as described'. Point out that the cooling off period is irrelevent as the goods must be as described to allow acceptance of the goods and a cooling off period to begin.

At this point put all things in writing, don't deal in person or over the phone as then you can control all communications (there is no room for error as you can prove what each side has said)

Give them a specified period (7 days or 14 days) to reply stating you will take further action.

Check on your house insurance and see if you have home legal cover.

Be firm, polite and don't take any crap.