Been put on O2 business contract even though I'm not a business?

AP13

Please bare with me. New poster!

About a year ago, I went to O2 to transfer my phone contract out of my parents name and into my own (joys of growing up!) When in there, I was told I was due for an upgrade but I was sure I had 12 months left on the contract. After a bit of confusion, I went along with it and upgraded.
The advisor changed my contract to a business one. Because of all the confusion and all the new info etc, I didn't really notice until afterwards and am kicking myself now.
Anyway, I've just tried to lower my tariff midwday through 24 month contract as advisor said I could...turns out I can't because it's a business rate.
I know this is my own fault - should have read it properly and certainly won't repeat the mistake! - but is there anything I can do to get off this blumming business tariff?! Surely I shouldn't be on it anyway and could i get into trouble for it?
Won't be taking out a contract again after all of this - so I suppose it's a learning curve!

d123

AP13 wrote: »

Please bare with me.

Why? Are you a nudist?

You signed up to the contract, the time to complain about discrepancies is when you signed, I presume you got a good deal on the handset at the time which meant you didn't mind the way it done at the time?

robbies_gal

didnt think o2 let u lowered your tariff anyway? i could be wrong

Herongull

According to Which?

"A misrepresentation is a statement of fact (not opinion) which is made by the seller before the contract is made.
If you relied on that statement when deciding whether or not to go ahead with your purchase, and this then turns out to be wrong, you can claim compensation"

http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967/

You say the advisor (aka saleman) told you that you could lower the tariff midway through the tariff. Based on the above, if you relied on that statement when deciding whether or not go ahead, you may be able to claim compensation and/or end the contract.

However my layperson's understanding is you would need to prove (on the balance of probabilities) that misrepresentation took place. If it was a phone conversation and you had taped it or got them to release their copy of the conversation you would be in a strong position. Given the purchase was made in a shop it is your word against theirs, success would depend on whose version the court believed was most likely.

NB I am a layperson not a lawyer, so seek professional advice if you are considering court action.