e2 Save / Carphone Warehouse

happybunny86

Hi everyone,

My boyfrnd recieved a phonecall for a gentleman saying he ws from carphone warehouse last week. He said he was calling him to remid hm his contract was up in a month and was he renewing it. M boyfriend explained he didnt want a new phone so he was going to go instore and get a rolling monthly contract with no new phone. The gentleman said he could do this all on the phone to save him going in.
They agreed on the same contract he has currently for £22 and a rolling monthly contract which he confirmed twice. The gentleman said he would recieve a new sim in the post in the next week.

The sim arrived today and its the wrong size so my boyfriend called carphone warehouse (CPWH) to say could they send a new one out in the right size. CPWH said he contract was no longer with them but their sister company e2save. My boyfriend disputed this saying they had phone him but CPWH told him to check his paperwork - CPWH were correct. He then rang e2save who said they couldn replace the sim it was orange's responsibility and gave him orange's numbers. He then range orange who said it was e2saves responsibility to replace the sim with his new phone. He said he hasn't got a new phone and orange said their records showed he had a new phone and a new 2 year contract. He has also checked his iphone app which now says he has a contract until 2015 and he has a new 2 year contract.

Ultimately this isnt what he agreed or signed up to.

I've told him to call e2save tomorrow and quote this:

"I would like to return my sim card and cancel the contract under the distance selling regulations which day I have 7 days to return a purchase after receipt of goods"

"according the sale of goods act 1979 the goods were not

Satisfactory as described because
- Rolling monthly contract which you could cancel at any time- orange say its a 2 year and the

app on your phone says its 2 year
- the contract is not with carphone warehouse as described but e2save which is a subsidiary company and we're never mentioned on the call.

the goods were also not fit for purpose as
- SIM card is too small it does not fit in your phone

Ask to speak to the persons manager, and their manager etc keep on quoting the above. say you are entitled to take it to small claims court etc.

Say this call is confirmation you are cancelling the contract and you would like written confirmation that it's been cancelled. Give them your home address to send this to.

Has anyone else has an issue with carphone warehouse / e2save. I know my sister had a similar issue where they took over her contract and she wasnt happy as she liked dealing with carphone warehouse directly but as the contract was the same she didnt pursue as it was a lot of hassle. This is fundamentally a different contract.

Any advice appreciated