Miss-sold contract by Three, refusing to refund

Vicc
Vicc Posts: 7 Forumite
edited 19 November 2013 at 10:22PM in Consumer rights
Hello, my friends went to 3 store and took a contract for a Broadband Lite (mobile internet for a tablet) offer was with 2x free tablets.

As advised by the salesman in the shop they were to get to mini ipads and 12 months contract for sim internet. Salesman was showing mini ipads to them and how they can do things on the internet if they would take a contract.

two mini ipads were to come as a Christmas gift with a contract.

They signed a contract and paid initial £50 down payment and a direct debit for £10.49 a month.

Two "mini iPads" came wrapped in a gift paper.

While driving off they unpacked the packaged to find out that that's not ipads but a different tablet Alcatel 7

They came back to the shop and asked to return the money, only was advised that there are NO RETURNS for this product and they signed for that

They can cancel the contract but will not be refunded with the money

Also had no luck with customer service over the phone

The tablets are brand new and they have not even turned them on.

They have bought them on 16/11/13

Contract state that they are getting Alcatel 7 and there is no return
(however sales man was showing them mini Ipads, and they have not read the contract as they thought it is clear what they are getting)

How to get they money back ?
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Comments

  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Not read contract. Signed contract. Contract states the item you we're given.

    Chances of refund are slim and none, and slim just left town...
  • System
    System Posts: 178,288 Community Admin
    10,000 Posts Photogenic Name Dropper
    That would have been a great deal for 2 3G ready mini iPads. £50 deposit and then £10 a month for only 12 month!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • goater78 wrote: »
    That would have been a great deal for 2 3G ready mini iPads. £50 deposit and then £10 a month for only 12 month!

    Would have been an awesome deal just for one ;)

    OP, surely they knew this was too good to be true?
  • Vicc
    Vicc Posts: 7 Forumite
    edited 19 November 2013 at 10:46PM
    Would have been an awesome deal just for one ;)

    OP, surely they knew this was too good to be true?

    I know they should have thought this through :)

    But the fact that they have brought them back right away not even opened shows that they have been miss sold, it's not that they have changed they mind. They have not even drove off from the shop, before coming back.
  • Vicc
    Vicc Posts: 7 Forumite
    visidigi wrote: »
    Not read contract. Signed contract. Contract states the item you we're given.

    Chances of refund are slim and none, and slim just left town...


    Citizens Advice website says:

    If the trader has told you something completely untrue it is known as ‘misrepresentation’ and is against the law.

    If goods do not match the description you were given of them, that is a ‘breach of contract’ and you may have the right to a refund or return.
  • System
    System Posts: 178,288 Community Admin
    10,000 Posts Photogenic Name Dropper
    Vicc wrote: »
    Citizens Advice website says:

    If the trader has told you something completely untrue it is known as ‘misrepresentation’ and is against the law.

    If goods do not match the description you were given of them, that is a ‘breach of contract’ and you may have the right to a refund or return.

    The goods match the description in the contract they signed.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Vicc wrote: »
    Citizens Advice website says:

    If the trader has told you something completely untrue it is known as ‘misrepresentation’ and is against the law.

    If goods do not match the description you were given of them, that is a ‘breach of contract’ and you may have the right to a refund or return.

    The problem they have is proving they were misrepresented. Returning to the shop just indicates a quick change of mind. Signing a contract does indicate an intent to create legal relations.
  • One possibility, could someone else go to the store and see if they get offered the same (ipad) deal? If so, and if you could get the conversation recorded, you would have grounds to take this further.
  • Vicc
    Vicc Posts: 7 Forumite
    The problem they have is proving they were misrepresented. Returning to the shop just indicates a quick change of mind. Signing a contract does indicate an intent to create legal relations.

    They have returned as soon as they figured out that in the gift wrap it's not actually an iPad mini they have been shown in the shop.
  • Vicc
    Vicc Posts: 7 Forumite
    One possibility, could someone else go to the store and see if they get offered the same (ipad) deal? If so, and if you could get the conversation recorded, you would have grounds to take this further.

    That is interesting :) Would like to go myself as got really frustrated about the fact that they have been shown mini ipads and sold alcatels.
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