mis-sold product in EE shop ?

hi,

need some advice before complaining.

My MIL went to a EE shop yesterday as she was due an upgrade. She liked her daughters Galaxy S4, so we said, ask for one but don't pay more than 23pounds per mth on a 2 year contract as that is what its costing us, just cancel and we can go somewhere else.

Went to the shop and was told the the S4 was 30pounds per mth but she could get a galaxy ace for 23pounds a mth and get loads of free minutes and data. She was told the ace was just as good a phone as a S4 and it was a brilliant deal. Shes ended up with a price plan 1000mins/unlimited texts/1000Mb data which is 10x more than shes used before or needs.

I know that there is a 2week cooling off period for distance selling but this isn't the case when u buy from a shop. I believe she was mis-sold a product and want to complain....whats my rights or potential to get this cancelled or at least the price plan reduced

many thanks

G
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  • d123
    d123 Posts: 8,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    hi,

    need some advice before complaining.

    My MIL went to a EE shop yesterday as she was due an upgrade. She liked her daughters Galaxy S4, so we said, ask for one but don't pay more than 23pounds per mth on a 2 year contract as that is what its costing us, just cancel and we can go somewhere else.

    Went to the shop and was told the the S4 was 30pounds per mth but she could get a galaxy ace for 23pounds a mth and get loads of free minutes and data. She was told the ace was just as good a phone as a S4 and it was a brilliant deal. Shes ended up with a price plan 1000mins/unlimited texts/1000Mb data which is 10x more than shes used before or needs.

    I know that there is a 2week cooling off period for distance selling but this isn't the case when u buy from a shop. I believe she was mis-sold a product and want to complain....whats my rights or potential to get this cancelled or at least the price plan reduced

    many thanks

    G

    What is the actual complaint? If your mother went in person she must have seen the phone and decided it was suitable? She must also have been aware of the minutes/texts/data when she signed the contract?

    Buyers remorse doesn't really equate to misselling...
    ====
  • tru-
    tru- Posts: 5 Forumite
    Eighth Anniversary Combo Breaker
    As d123 said, at which point was it mis-sold?

    Regardless, you have a 7 day grace period - take it back to the same shop tomorrow.
  • Sounds like a great deal, what was not explained when buying?
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  • sinizterguy
    sinizterguy Posts: 1,178 Forumite
    There was no mis-selling as described.

    You may/may not still be able to cancel.
  • d123
    d123 Posts: 8,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    tru- wrote: »
    As d123 said, at which point was it mis-sold?

    Regardless, you have a 7 day grace period - take it back to the same shop tomorrow.

    Unfortunately there is no statutory right of a grace period or change of mind clause for phone contracts signed in person in the shop.
    ====
  • tru-
    tru- Posts: 5 Forumite
    Eighth Anniversary Combo Breaker
    d123 wrote: »
    Unfortunately there is no statutory right of a grace period or change of mind clause for phone contracts signed in person in the shop.

    I was wrong, I thought there was a 7 day grace period for an in store contract, turns out it's 14 days also as with phone/internet issued contracts. Confirmed with EE customer services on 07953 966250.
  • d123
    d123 Posts: 8,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 26 August 2014 at 1:19PM
    tru- wrote: »
    I was wrong, I thought there was a 7 day grace period for an in store contract, turns out it's 14 days also as with phone/internet issued contracts. Confirmed with EE customer services on 07953 966250.

    they now offer a 14 day change of mind policy on upgrades?

    That's quite an improvement on the old T-Mob or Orange terms previously (which was the same as statutory rights for instore purchases, which is none).

    Edit:

    It would seem you were given incorrect information in your phone call.

    From the EE website:
    We do not offer a change of mind policy on any of our products in store. However, we do offer a 14 day return on our products if you are experiencing coverage issues or our coverage does not meet your expectation.
    http://ee.co.uk/help/accounts-billing-and-topping-up/terms-and-conditions/ee-terms-and-conditions/returns/retail-returns-policy
    ====
  • tru-
    tru- Posts: 5 Forumite
    Eighth Anniversary Combo Breaker
    I'm only relaying what I was told by a EE CS rep!
  • d123
    d123 Posts: 8,719 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    tru- wrote: »
    I'm only relaying what I was told by a EE CS rep!

    I know, unfortunately even the old "rule of 3" for getting accurate info from their CS doesn't work anymore.

    They have outsourced their customer services to such an extent that some days you might as well just ring an arbitrary number out the phone book and get more accurate info ;).
    ====
  • thanks for the replies,

    I'm aware of EE policies, I looked up their website, I was hoping someone may have actual experience in taking back a phone.

    I'll will go into the shop tomorrow and see if they are willing to reduce the minutes/data plan for a reduced monthly fee or hopefully to scrap the deal completely, although I know we have no rights.

    My MIL did understand the deal and was shown the phone. However she is 69years old and doesn't understand the minutae differences in price plans and phone details. In hindsight we should have went with her but she is a independent lady and quite happy with the deal - I am not !

    She was told that a galaxy ace was a equivalent phone compared to the galaxy S4 - that was a lie by the phone shop. She also wanted a S4 at 23pounds per month. The people in the shop gave her a plan to that price point but with a cheaper phone and free minutes etc way above what she needed or asked for. To me thats mis-selling ?

    G
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