phones 4 u give verbally misleading information

_G_K_

I signed a contract ages ago on 2nd Nov 06 with 3 mobile which I got from phones 4 u. At the point at which I brought it my brother asked why it said £45 on the contract to which the salesman at phone 4 u said "that's nothing just ring them up at 6 months and they'll reduce the tariff".

So based on that information given to me I signed the contract as it looked like a good deal with the latest phone at the time.

So come 6 months my brother rang up to reduce the tariff as he's the one that uses it. He told me 3 refused to downgrade and say we cant until the 12th month.

So I rang 3 and told them that I got into the contract because I was told at the point of sale that I could downgrade the tariff at 6 months. The man at 3 said I should go talk to phones 4 u as they are the ones to give the misleading information and that they were well aware of the migration policies that came in a day before my contract was signed.

So the next day I went to see phones 4 u. The salesman who sold it to me wasnt at work that day and I told his manager what had happened and he pased me onto customer services. They told me that 3 brought in changes after my contract was signed and that many people are complaining of the same thing. I asked his to have a word with 3 and he said 3 wont talk to us (which isnt true). He gave me stupid printouts from his communications team saying that 3 told them after my contract was signed.

So I rang 3 who still insist the changes came in on 1st Nov 06 (which they did, I have verified that) and they arranged a 3-way conference call with phones 4 u representative. 3 rang my landline so I didnt have additional costs and connected me to the phones 4 u representative, I told her what happened she then put me on hold and called the bham shop and talked to the salesman who denied giving misleading information and even told her he was fully aware of the new changes coming in at the time.

So not only did he lie but so did phones 4 u customer services just to get rid of me that day. The phones 4 u rep on the phone said she couldnt do anything as the saleman said he made no such comments.

So I am stuck in a rut at the moment.

Any advice???

thephantom_2

Hi
there have been many posts by members who have taken out contracts based on verbal (mis)information given to them by the sales guys at phones4u.The members have suffered considerable financial losses due to these claims. Wonder if Martin can take up this with phones4u? We should write complaints to consumer cells or newpapers to highlight these false sales talk.

Gnid

Don't go for phones4U. They are pretty crap at what they do.

Actually, just don't go to highstreet stores (Link, Carphonewarehouse, etc). The sales people there lied to get a sale. Remember that. Customer service has long disappeared in this country.

If you are technically savvy, just go online and order. You get legal protection due to online payments and everything is electronic (and in writing) which you need because you don't deal with the majority of incompetent people in this country.

If you aren't, just research and go to a store and read all things before signing. Don't listen to any of them because they are almost certainly WRONG.

z4kir

I suggest writing to Phones4U HQ, Customer Relations dept maybe?

You should be able to claim Misrepresentation. A misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract.

If you feel they acted fraudulently then you can claim the contract to be rescinded and be awarded damages. Or if you feel the statement was made innocently (but obviously still in error) then you can ask for the contract to be rescinded only.

I think you should definitely write to their Head Offices and explain you are deeply disappointed, you feel you were induced into entering the contract and that now you are at a financial disadvantage. As a result you are considering legal action... make sure you say u want to continue with the contract but not have to pay the higher line rental, and as 3 won't adjust it is upto phones4u to subsidise the costs in doing so.

Hopefully as a "gesture of goodwill" they may help you out

jimmymac87

I would also contact Phones4u HO. It sounds like the shop itself was misinformed by changes in terms - and Phones4u should sort it out - as it was them, one way or another mislead you.

I asked his to have a word with 3 and he said 3 wont talk to us (which isnt true).

I wouldn't be so sure - although they should be allowed with your permission; I worked in a mobile retailer for 3 years, and 3 were very inconsistent with regards to customer service. Around half of the time refusing to talk to us about issues such as yours.

I hope you get it sorted

tam21

As someone who works for one of the major mobile phone providers, in my experience this is a big problem with phones 4 u ( although not sure if I'm allowed to say that lol) As the previous poster said, if people can use the net then that is you best bet as often the best deals are found there and the info is as seen, but if you have to go into store double check everything that you are signing correlates with what you have been told and then once you are connected call up your service provider to verify that what they have on their system is what you have signed for, including what you are paying per month, any promotional line rental, everything that is included, and the tariff, and also check whether there are any extras there that shouldn't be there (that's a common one!)

_G_K_

ok guys. i will try writing to head quarters.

I'll do that after next week, I want to concentrate on my exams right now.

Broke_Student

I can't believe phone4u! I went in as an honest customer looking for a deal - they tried to scam me without even offering 'proper' deals first! They should not assume I am stupid.

They tried to sell me this package:
- 9 months at £40 = £360
- 3 months at £20 = £60
- £50 cash discount just for me if I buy today = -£50
- The phone is £50 but he will discount me that today = -£50

According to him that toal package costs me £320 and is a bargain! (£360 + £60 - £50 - £50)

According to me that package costs me £370 (£360 + £60 - £50). I am sure that my figure is right.

I gave him a chance to put his wording right. He made it out like I was stupid and couldn't add it up, and said I should sign up or the offer will not be there tommorow.

I embarrassed him in front of his colleagues (won't go into detail) and left :rotfl: :rotfl: :rotfl:

_G_K_

lol. that's funny.

I got a voicemail from 3 head quarters asking me to ring back and we can discuss the problem.

What shall I say? Just tell her everything, then what??? Will she help me??? I'm thinking she will just push me to phones 4 u since it is their fault.

At first i thought maybe phones 4 u had made an honest mistake but now I seriously believe phones 4 u acted fradulently.

but what shall i say to 3 representative from their head quarter when i ring her??? Will she offer me a deal??? I'm not sure she will.

Jarlawuk

Broke_Student wrote: »

I can't believe phone4u! I went in as an honest customer looking for a deal - they tried to scam me without even offering 'proper' deals first! They should not assume I am stupid.

They tried to sell me this package:
- 9 months at £40 = £360
- 3 months at £20 = £60
- £50 cash discount just for me if I buy today = -£50
- The phone is £50 but he will discount me that today = -£50

According to him that toal package costs me £320 and is a bargain! (£360 + £60 - £50 - £50)

According to me that package costs me £370 (£360 + £60 - £50). I am sure that my figure is right.

I gave him a chance to put his wording right. He made it out like I was stupid and couldn't add it up, and said I should sign up or the offer will not be there tommorow.

I embarrassed him in front of his colleagues (won't go into detail) and left :rotfl: :rotfl: :rotfl:

It's part of the sales process the sales people are taught - to add the 'cost' of the phone to the transaction so the customer feels that they are getting more 'discount'.

When it comes to tariff migration rules don't believe the adviser, most of the time they don't know for sure and other times they are simply lying.

Miss_T_7

I can totally believe the previous posting 'Phones 4 U give verbally misleading information' - here follows a long tale:

In October 2006 I visited Phones4U Fishergate, Preston and took out a mobile phone contract with the network provider Orange. Following the completion of the paperwork for the Orange mobile, the sales advisor advised me that there was a special offer on that day; a free mobile phone with the network provider 3 for 12 MONTHS. Having just signed the contract for my Orange mobile I certainly had no use for such a contract, however I thought that if the phone was free then I could take it for the temporary benefit of a family member who is unable to afford a mobile phone contract of their own.

I specifically questioned the sales representative about the phone being completely free of charge and asked what the catch was. He confirmed there was no catch: He advised that a number of direct debits would be taken from my bank for the phone, but should I remember to complete and return the periodic ‘chequeback promotion’ forms, combined with the cashback to be given to me in store that day then the phone would definitely work out to be completely free. I asked the rep to explain to me what direct debit payments would be taken and when, and what chequeback promotion forms I would have to complete. He scribbled the notes down on a piece of paper explaining 12 MONTHS worth of payments and ‘chequebacks’. I retained these notes.

Being satisfied by this explanation, and relying on the sales person’s representations I agreed to sign up for the phone contract.

In March 2007 a fault developed with the mobile handset. I therefore contacted the network provider 3 to make enquiries about a collection and repair. The operator, in running through some basic telephone security checks with me, stated the contract to be for a duration of 18 months. I advised her this was incorrect and that the contract was only for 12 months. The 3 operator confirmed with certainty that the contract was for 18 months, that the amount payable in the final 6 months was £35.00 pcm and that whist the contract could be exited after 12 months the line rental for the final 6 months (i.e., 6 x £35.00 = £210.00) would be payable as penalty. She advised that I must take up any issue I may have with the contract with Phones 4 U.

When I returned to the store I presented the sales rep’s hand written notes and signed paperwork to the manager. I explained that nowhere on my signed agreements did it state that the duration of the contract which I was entering into was for 18 months and that I had signed the documentation relying wholly on the sales person’s representations that it was for 12 months. I had signed the ‘Customer Registration Form’ where under ‘Agreement Length and Termination’ it stated that the agreement is for the ‘minimum term stated in your price plan’. There was no further reference on the form to the ‘Price Plan’.

The manager pointed to the section of the form headed ‘Monthly Line Rental and Additional Services’, there-under ‘Name of Tariff 18M VIDEO TALK & TEXT 700 SPECIAL’ and advised me that this section of the agreement, as quoted, clearly sets out that the contract is for a duration of 18 months i.e., he suggested that the ‘18M’ within ‘Name of Tariff 18M VIDEO TALK & TEXT 700 SPECIAL’ clearly conveys to anybody reading the agreement that the contract duration is for 18 months. I advised - that may be the interpretation of a manager or sales advisor of a phone store, but to a consumer, in context of the form, the Name of Tariff appears to be some kind of code. Further, the duration of the contract is not detailed under the section headed ‘Agreement Length and Termination’, nor does this section refer to the Name of Tariff. I signed the agreement in reliance on the sales person’s representation that the agreement was for 12 months.

The manager then told me that the sales person concerned was on sick leave and I would be contacted when he returned. I was not contacted and so I wrote the manager a formal letter requesting a response. A month passed – no response, so I called the store. The manager said the sales representative no longer worked for the company and he was unable to contact him. He could only advise that I write to Phones4U customer relations dept.

I wrote to the customer relations department straight away. Their response was that they can’t do anything to help me and that I had 14 days from the date of signing the agreement to cancel it – despite the fact I only (accidentally) became aware I was in an 18 month agreement when I spoke to 3 regarding a repair over 4 months after taking the contract out.

I would never have agreed to sign up for the 3 mobile phone had I been told it was not completely free and that the third 6 months would cost me £210.00. I am unable to hand the phone over to a third party permanently to mitigate my anticipated loss as this would invalidate the phone’s insurance, and would put me in an extremely high risk position – the payment arrangements and contract being in my name.

I plan to persue this issue legally but would appreciate anyone's comments as to whether in the circumstances above, and as a general consumer rather than phone sales rep you would have instantly understood ‘Name of Tariff 18M VIDEO TALK & TEXT 700 SPECIAL’ refers to an 18 month contract despite the sales advisor explaining it was 12 months.

Sorry for the essay - hope your eyes aren't sore!
Miss T