Mis-sold a mobile phone

Diggedy

Hi there, im wondering if anyone knows where I can go with this


I have a family member who works for orange and im on t-mobile. They told me to switch to orange to get the F&F discount when my upgrade was due but when I rang retentions they told me that I was eligible for it by staying on T-mobile...
So I phone the EE store to check on the availability of the new HTC one, they tell me they have one left and I ask if I can get F&F discount with it, im told yes.
I go into the store and double check, being very specific that I need to be eligible for F&F... "no problem" im told, "in fact it may even still be 50%, not 40%" they tell me. I leave the store happy.

My family member applies for the discount a few days later and I get a text from T-mobile telling me im not eligible. I phone the customer services and im told due to the handset ive got AND the contract I signed I wont be eligible for any discount for the full term of the contract....
So ive signed up for a £41 per month contract (full monty) for 24 months (even though my usage needs nowhere near that) and im now stuck with it.
I would have even been happier to pay more for the phone and take a lower contract which is what I usually do anyway, but I was told there would be no need.

So now im told by customer services that its tough luck (obviously not worded that way) and that it was my responsibility to check I was eligible. (which I thought I was doing by asking members of staff!!)

Is this something I should be able to take further or am I going to have to accept it?

Bingolingo

Take it further. Phone them and make a formal complaint. Give them a week to sort it out. If they don't then write to them telling them what they have to do. If you still have no joy then take it to the ombudsman.

Document everything and be patient. Looks like a clear case of mis-selling.

DUTR

Diggedy wrote: »

Hi there, im wondering if anyone knows where I can go with this


I have a family member who works for orange and im on t-mobile. They told me to switch to orange to get the F&F discount when my upgrade was due but when I rang retentions they told me that I was eligible for it by staying on T-mobile...
So I phone the EE store to check on the availability of the new HTC one, they tell me they have one left and I ask if I can get F&F discount with it, im told yes.
I go into the store and double check, being very specific that I need to be eligible for F&F... "no problem" im told, "in fact it may even still be 50%, not 40%" they tell me. I leave the store happy.

My family member applies for the discount a few days later and I get a text from T-mobile telling me im not eligible. I phone the customer services and im told due to the handset ive got AND the contract I signed I wont be eligible for any discount for the full term of the contract....
So ive signed up for a £41 per month contract (full monty) for 24 months (even though my usage needs nowhere near that) and im now stuck with it.
I would have even been happier to pay more for the phone and take a lower contract which is what I usually do anyway, but I was told there would be no need.

So now im told by customer services that its tough luck (obviously not worded that way) and that it was my responsibility to check I was eligible. (which I thought I was doing by asking members of staff!!)

Is this something I should be able to take further or am I going to have to accept it?

What to the T&Cs say for the F&F discounts? As often top of the range handsets are excluded and certain price plans.

Diggedy

DUTR wrote: »

What to the T&Cs say for the F&F discounts? As often top of the range handsets are excluded and certain price plans.

well theres the thing. Its since been pointed out to me that the terms and conditions state that my current price plan isnt eligible, but then why did the store sign me up to that one knowing fine well I wasnt getting what I was asking for.

So, was it a case of ignorance, or did they just want the higher value sale? Either way, is it my fault when the terms and conditions weren't given to me when I inquired?

DUTR

Diggedy wrote: »

well theres the thing. Its since been pointed out to me that the terms and conditions state that my current price plan isnt eligible, but then why did the store sign me up to that one knowing fine well I wasnt getting what I was asking for.

So, was it a case of ignorance, or did they just want the higher value sale? Either way, is it my fault when the terms and conditions weren't given to me when I inquired?

Yes if you went ahead and signed up without checking the T&Cs, if in doubt leave it out as the saying goes.
With my company in the past I had opportunity to do some retail work for a few weeks, there was no comission, no sales in a day you got paid the same way. I'm sure if the sales reps were on commision, we would have heard by now.

Diggedy

I agree with what your saying but when the store manager and the retentions department both tell me that I can get the discount, why would I doubt them?

If that is the case then stores would be able to tell people whatever they want to sell a phone without any fear of it coming back at them.

DUTR

Diggedy wrote: »

I agree with what your saying but when the store manager and the retentions department both tell me that I can get the discount, why would I doubt them?

If that is the case then stores would be able to tell people whatever they want to sell a phone without any fear of it coming back at them.

because after a time you should doubt anything that comes from anybody that wants to sell you something (commission or not) , sometimes you have to appreciate people will sometimes hear what they want to hear, if you had it in writing about the F&F discount then you may have some leverage .
Examples of why you should doubt 'savings can be made from changing to a high effeiciency CH boiler, this maybe true but the cost of the boiler has to be factored in. Door to door Double glazing sales people, never offer the real price it's always an inflated price and even the discounted price is inflated, diesel car fuel economy, when you see oil burners side by side in F1 then you can agree they are that good, as less pit stops will win them the race, the list goes on, sales people with unsolicited calls with some great deals, great for whom?

Diggedy

Im not sure thats a good comparison. If they had said I would likely save 30% on my bills by moving to a new price plan then I would agree, that works with the boiler one. But a comparison to this would be someone buying a car and being told they would get free insurance, making this purchase on the strength of that, however they had to apply for it after the sale which they were made aware of up front and that its standard procedure for offers like this. When they go to apply, they are told that the colour they chose is exempt from the offer. I would think they would be within their rights to go back to garage and have something done about it if the salesman had neglected to point this out or had intentionally omitted the info to get the sale. (sales don't always mean commission, sometimes bonus is achieved if stores hit sales targets, I also work in retail)

PPI claims also come to mind, the banks decided they could tell people what they wanted to get the sale, it sharp came back around to bite them!

DUTR

Diggedy wrote: »

Im not sure thats a good comparison. If they had said I would likely save 30% on my bills by moving to a new price plan then I would agree, that works with the boiler one. But a comparison to this would be someone buying a car and being told they would get free insurance, making this purchase on the strength of that, however they had to apply for it after the sale which they were made aware of up front and that its standard procedure for offers like this. When they go to apply, they are told that the colour they chose is exempt from the offer. I would think they would be within their rights to go back to garage and have something done about it if the salesman had neglected to point this out or had intentionally omitted the info to get the sale. (sales don't always mean commission, sometimes bonus is achieved if stores hit sales targets, I also work in retail)

PPI claims also come to mind, the banks decided they could tell people what they wanted to get the sale, it sharp came back around to bite them!

We have seen cars advertised with free insurance and the sporty models are usually exempt, the PPI, well those that were sold it in aid to get the loan are well within for a refund.
But back on topic, I know I wouldn't be personally opted for a F&F scheme unless I was 110% sure I qualified, we have offers at work for discounted items , it aways says that iphones and certain apple PCs are not included , and then even the ones that are the discount is that low that after the P&P it comes to more than the basic price.

Diggedy

It seems there must have been some note on my account from the retentions department, only a day after I escalated it I got a phone call saying the discount is being applied. All is well

Buzby

Good to hear. If you pursued the matter you would have won - as you rightly said - if you asked (twice) and were given the wrong info, then the onus is on them to explain why staff gave the incorrect info. Without proof (apart from your memory) the risk will always be yours. So well done!