Friend ripped off by Phones 4 U - Advice please

Frontera2

Hi,

Hoping someone can give me some advice.

Last week, my elderly friend received a call from someone claiming to be from "O2" who stated that he was due an upgrade. After a bit of a hard sell, and my friend was due to go out so was a bit flustered, he agreed to receive a Samung Galaxy S2 on a £21.50 a month contract.

The phone arrived whilst I was with my friend a few days later and I was shocked to see that the paperwork was actually from Phones 4 U. My friend was adamant that he was told the call was from "O2" and states that he has never had any dealings with P4U at all - certainly his previous dealings with O2 have been directly with them.

My first concern is how did P4U know that my friend was due an upgrade, could it be that O2 sold these details on to them? Certainly the mobile mobile agreement that 4PU sent had detailed information on it such as the SIM card number (his existing SIM) which must have been provided directly by O2?

Anyway, my friend didn't get on with the phone and just wants to send it back and continue to use his existing handset and previous tariff which he was happy with.

I spoke with 4PU who refuse to budge. They state that the 14 day cooling off period doesn't apply to upgrades. They listened to the call and refuse to accept that it was a "hard sell" and they are adamant that they didn't claim to be from "O2".

They won't take the phone back. Their advice was to sell it on Ebay! They won't put my friend back on the old tariff either, they have offered (which he accepted, but reserved the right to follow this up further) a cheque for £40 to offset some of the increased line rental. But as my friend was paying only £8.75 + VAT beforehand this doesn't cover much of the difference!

Is there anything he can do? My friend feels very upset and helpless. He doesn't want the phone and doesn't want the upgrade, he is adamant he was given the hard sell but unsurprisingly Phones 4 U don't agree!

Herongull

He must be covered by distance selling regulations and the cooling off period. So he just needs to write to them and claim his rights within the cooling off period.

It sounds like they are just saying it isn't covered so that he lets the cooling off period expire.

He should keep detailed records of all his conversations with them. Get them to put in writing that it isn't covered. The regulator needs to be informed so that cowboy companies can be fined.

It is a new phone and a new contract with a new mobile company and they say it is an upgrade :rotfl:

Even if the phone call really came from O2 and it really was some form of upgrade, if it meant going into a new contract with them, it is probably also covered by distance selling and cooling off periods (but I'm not 100% certain of this).

Never buy things form cold callers! They are scum!

annie1975_2

Sending you a private message,..

annie1975_2

Herongull wrote: »

He must be covered by distance selling regulations and the cooling off period. So he just needs to write to them and claim his rights within the cooling off period.

It sounds like they are just saying it isn't covered so that he lets the cooling off period expire.

He should keep detailed records of all his conversations with them. Get them to put in writing that it isn't covered. The regulator needs to be informed so that cowboy companies can be fined.

It is a new phone and a new contract with a new mobile company and they say it is an upgrade :rotfl:

Even if the phone call really came from O2 and it really was some form of upgrade, if it meant going into a new contract with them, it is probably also covered by distance selling and cooling off periods (but I'm not 100% certain of this).

Never buy things form cold callers! They are scum!

Yes 02 have a cooling off period. (But not sure about Phones4U ringing people up).He needs to ring 02 and report it as fraud..They said they will help him.
Looks to me like they are just out to con people.
I also would have thought if they havent got any bank details and he hasnt signed anything,not a lot they can do really is there?

annie1975_2

Did you get my message Frontera2..

If not then waht you have to do is .
Ring 02 from a pay monthly phone on 202.Tell them what as happened and they will try and sort it out for you, they will also report it to the fraud team.
Or you can ring the fraud team yourself on 08448471824.
Or ring 02 from a landline on 08448090202.They will help you with your problem,and tell them to report it as fraud.
Good luck, and let us know if you get it sorted..

robbies_gal

its not a new netowrk p4u do upgrades on behalf of the big four companies-upgrades are not subject to cooling off periods either

you can write to them and make a complaint but i dont see how theyve really done anything wrong unless they actually lied and said they were o2 not working onbehalf of o2

annie1975_2

gabbyevs wrote: »

its not a new netowrk p4u do upgrades on behalf of the big four companies-upgrades are not subject to cooling off periods either

you can write to them and make a complaint but i dont see how theyve really done anything wrong unless they actually lied and said they were o2 not working onbehalf of o2

They probably did lie, they will go to any lengths to con people.
And i bet you if it was recorded, it would have miraculously
vanished....
There should be cooling off periods for big companys like that
(IMO)..

Frontera2

annie1975 wrote: »

Did you get my message Frontera2..

If not then waht you have to do is .
Ring 02 from a pay monthly phone on 202.Tell them what as happened and they will try and sort it out for you, they will also report it to the fraud team.
Or you can ring the fraud team yourself on 08448471824.
Or ring 02 from a landline on 08448090202.They will help you with your problem,and tell them to report it as fraud.
Good luck, and let us know if you get it sorted..

I've spoken with O2 who were very helpful and explained that the distance selling regulations do apply. They stated that I should return the handset to P4U.

On ringing P4U again, they are adamant that the distance selling regulations do not apply and if the handset is sent back to them, they will refuse to accept it and send it straight back!

This whole situation is making my friend sick with worry, and it's stressing me out a bit too if I'm honest.

Are P4U right? Or do the regulations apply?

rwalton159

Perhaps a call to Trading Standards?

dt3887

p4u will NOT accept it back as your friend has used the phone. had the phone still been in its original state then it could be easier to return.

Anyway, my friend didn't get on with the phone and just wants to send it back and continue to use his existing handset and previous tariff which he was happy with.

Herongull

Here is the legal situation according to Which?
http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/



Your right to change your mind about your new mobile service or phone
If you buy your mobile online or over the phone
If you buy a mobile handset online, by mail order or over the phone without also taking out a mobile service contract, the UK distance selling regulations give you seven working days from the day after you receive the handset to return it and receive a refund. You don't have to give a reason.

If you take out a pay-as-you-go or pay-monthly mobile contract at the same time, you still have the right to cancel the order and receive a full refund for up to seven working days from the day after you place the order. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately.

My underlining

So ignoring the fraud aspects, providing he didn't ask for the service to start immediately, he just needs to exercise his legal rights within 7 days.

Given the fraud element and their blatant denial of his legal rights (assuming he didn't ask for the service to start immediately), consider also reporting the matter to the police as well to the regulator. Get as much evidence as you can in writing - eg ask for a transcript of the original phone call and get them to put their refusal of his rights in writing.

But get that phone returned (registered post) pronto!

PS Based on this, it looks like as long as he didn't ask for the new phone contract to start immediately, he can cancel even if he has used the phone eg used it on his old service or even on his new service if they started the new service without him requesting an immediate start.