Package deal received was not as the company had described

MittyJ

Hello all,

Can anyone advise me on my rights regarding the following:

What we bought: Package for phone, internet and TV

Where from: Over the phone through an advisor from the company (they cold-called us)

What went wrong: the package we received did not match what we had been promised over the phone and we have still yet to receive a tv box (almost 2 months down the line now) despite us complaining and being passed round the houses

What are the vendors saying: the complaints department informed us that the advisor who sold us this package will be re-trained, and the company will let us leave without any penalty fee or we can continue with them for a new price (worse deal than originally promised) WITHOUT the tv box - we have to sign up to this separately now if we want it at an additional cost. They have said they are unable to honour the original deal we signed up to.

Solution/remedy we are looking for: At the very least we want them to honour the deal they promised us as this is what we signed up to, they have also taken money from us for the line-rental and the delivery which we had been told was to include a tv box as well as an internet hub.

bod1467

(I believe) the company is able to cancel the contract as long as they put you back into such a position as if you had not entered into a contract.

MittyJ

ah really! Is there no Law around having to honour a promised deal?

the offer for us to leave did not include the delivery charges we had incurred, nor the line rental for the year that we had paid upfront. Would they have to pay these back as well if we left?

Ideally we don't want to leave, we just want them to honour what had been promised when we entered into an agreement with them. They have listened to the recording of the conversation between us and the advisor and have confirmed that we were promised everything we claimed we were - although this seems to mean very little

bod1467

Yes they need to refund the upfront line rental (less any usage) if THEY are breaking the contract.

bazster

They are NOT entitled to cancel the contract, unless the contract itself contains cancellation terms and they are complying with them.

If they BREAK the contract (which it sounds like they are doing), you are then entitled to be compensated such that you are in the same position you would've been in had they NOT broken the contract. This is not the same as getting your money back. You are entitled to have them perform the contract, and if that costs them more than a refund would cost them then tough, they just have to suck it up.

Clearly they can honour the original deal, they are simply refusing to do so, ergo breach-of-contract. Whether the original salesperson is an idiot is their problem, not yours. You should insist on the original contract being fulfilled, you should demand compensation for the two months you have been without part of the package, and you should take them to court if they refuse (they will almost certainly cave in if you go through the correct motions and prove that you are deadly serious about getting what they originally agreed to).

arcon5

Unless they have made 'fair' provisions to cancel the contract, no they cannot simply rescind upon the agreement. By not supplying you with the agree package they are in breach of contract. If they refuse the supply the service, you could of course find identical services elsewhere and reclaim any losses (ie difference in price) from them.

However in reality it's probably not worth the hassle.

Just leave or compromise on the price.