Is this a case of mis-selling a phone contract - what are my rights?

Leo2020

Jakg wrote: »

You have a years warranty... with 3.

I don't think Three meant to send you a faulty phone - have you actually spoken to them about it yet?

I have to agree I do not think this has been mis-sold.

I agree that they didn't mean to send a faulty phone but they did. This in itself is not mis-selling. But 3 guaranteed that it would be in fully working order unlike the same phone bought through T-Mobile.

They broke their promise. The OP only went with 3 because of the guarantee - if 3 hadn't made the promise the OP would have gone with T-Mobile and wouldn't have paid the £29 fee. Sounds to me like the salesperson guaranteed a working phone just to get the sale - a case of mis-selling.

Leo2020

We overlapped ThumbRemote, you must have been typing your message whilst I was typing mine.

Oasis1

Update:

They investigated the phonecall and agreed it was mis-selling. Refund of £20 credit for upfront costs & reduction to £26 per month contract. I feel like I should have perhaps fought for more as they were clearly in the wrong, but I got what I ultimately wanted so that's fair. Also said they'd look at changing the wording on the website T&C for the warranty.