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Miss-sold a mobile contract

amy4
amy4 Posts: 44 Forumite
I took our a mobile contract with Orange in May. I did this over the phone for a £26.00 per month contract. I received my phone a few days later but didn't seem to be connected so I phoned Orange and explained, they said they had no record of me taking out a contract! But I said they must do because they had sent me a phone so there must be a record somewhere.....Anyway it got sorted and once again they went over all that was included in my contract, stating it was £26pm.

However, this month (my 2nd bill) they have charged me £31.00. I phoned up to ask why as I have not gone over my usage and they have just said my contract has always been for £31.00 and £26.00 would never of been mentioned as they don't do £26pm contracts. They would not help me at all, just repeatedly stated that I have a contract for £31pm. I said I either want it reduced to £26pm or to cancel my contract and they will do neither.

I have not signed or received any paperwork, I believed I had a verbal contract and I have the name of the woman I took the contract out with.

Is there anything I can do as I have been completely miss-sold this and now am stuck with a 2 year contract for a price I did not agree too! :(

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 July 2013 at 7:07PM
    The only way I see is complaining, then taking it further to the ombudsman.

    http://www.orange.co.uk/contact/complaints.html

    Next time demand everything in writing or by e-mail before agreeing to anything. Or record important calls at least.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    According to their website they offer contracts at £26 per month so not sure why they would tell you they don't. Is it possible the £26 was ex VAT? That would bring it up to around £31.

    Do you have any paperwork at all? Something that came with the phone or an email confirmation after the sales call perhaps?

    What is the name of the tariff you thought you were on and what is the tariff that they have you on now?

    Is the phone listed on their website as being available for the price you paid (free?) at both £26 and £31 per month tariffs?
  • amy4
    amy4 Posts: 44 Forumite
    Thanks for the replies.

    I don't have any paperwork as it was done over the phone. The only thing that came with the phone they sent me was the generic sim card pack which tells you how to set it up and a delivery slip which doesn't have any details about the actual contract.

    I did ask to speak to a manager to complain but he refused to put me through, I was so fed up I didn't bother phoning back to speak to somebody else but I will do tomorrow. I wanted to phone trading standards/CAB but they are closed after 5pm so I will have to wait till monday.

    I suppose it could be VAT but I would still argue that they should of pointed that out to me at the time.

    I paid 99p for the phone which is quite a random amount but I didn't question it, not sure if it's on the website but I will have a look now.

    The other thing he said was something along the lines of I had been given the deal for free internet for under 21's when I pointed out that I was over 21 he was very accusatory as if I had conned them but I knew nothing of this "offer" and they have my date of birth as they ask for it at the start of every phone call!!

    I should of known when I first got the phone and they said that they had "no record of my contract" that something wasn't right but now it has just escalated and I'm not sure what to do for the best.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    VAT cannot be the issue as they can quote prices without VAT for business contracts only.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    grumbler wrote: »
    VAT cannot be the issue as they can quote prices without VAT for business contracts only.
    Well sure, just like they can't quote you one price when you arrange the contract and then charge you a higher price later on.

    Point is that the discrepancy is approximately the VAT amount so it is a possible explanation, if unlikely.

    If you're happy with the phone and tariff at £26 try to get a resolution through CS and escalate through a supervisor/manager and executive office.
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