Carphone Warehouse - Mis-sold contract?

JWIOW

I recently took out a contract in my name from a Carphone Warehouse store, on behalf of my girlfriend who was under 18 and I was just over 18 back in June.
They assured us, that once she had turned 18 to contact them again and they would be able to switch it all over to her name, providing the Direct Debit was originally set up in her name (which they did on the day and she's been paying since).

I have contacted them and o2 over the past few days who have both said that they are unable to do this.

Is there any way of having this done, or if not what are my rights to cancel?
I double and triple checked with the girl that sold the contract to us that this would be fine in the store on the day and now feel incredibly stupid for believing it!

Any advice would be much appreciated. :mad:

Marktheshark

What "people said" is worth nothing.
What was in writing on the contract itself, is worth everything.
Thats it basically.

grumbler

JWIOW wrote: »

I have contacted them and o2 over the past few days who have both said that they are unable to do this.

Hardly a surprise that CPW can't do this.
What exactly did O2 say? Generally, they can do this if your gf passes their credit check.

JWIOW

Marktheshark wrote: »

What "people said" is worth nothing.
What was in writing on the contract itself, is worth everything.
Thats it basically.

Useful post, thanks...

grumbler wrote: »

Hardly a surprise that CPW can't do this.
What exactly did O2 say? Generally, they can do this if your gf passes their credit check.

They said she would need to take out a complete new contract (paid) in her name, then have this one transferred to her but I'd have to pay cancellation fees etc? It's ridiculous.

grumbler

JWIOW wrote: »

They said she would need to take out a complete new contract (paid) in her name, then have this one transferred to her but I'd have to pay cancellation fees etc? It's ridiculous.

I think they misinformed you.
AFAIK, all networks can transfer a contract to another person passed the credit check. Another common term for this is 'taking over'.

EDIT: some googling shows that I was wrong. O2 seem not to transfer personal accounts.

Marktheshark

JWIOW wrote: »

Useful post, thanks...



They said she would need to take out a complete new contract (paid) in her name, then have this one transferred to her but I'd have to pay cancellation fees etc? It's ridiculous.

Very useful, it contains the facts you do not want to hear.
I shall say it again for you :
What you think or say the salesman said = absolutely irrelevant.
What was on the actual contract you signed + legal and binding.

If you signed without reading it, then you have just had a life lesson that we all learn at some point.
What you think you can do about it ?
I do not know, you signed the contract it is your contract.
If this is not helpful, I am afraid nobody can help you as what I said is exactly what is going to happen to you.
Only advice I can offer, is sit down and read anything you sign and it won't happen again.

grumbler

Well, contracts don't necessarily have to be printed and signed.
Oral contract is fine if you can prove it.
So, it's a good idea to record all important conversations with sales people, and this can be easily done nowadays.
Words can't override the signed contract, but you can easily prove misselling and demand cancellation or compensation.

Kernel_Sanders

grumbler wrote: »

Well, contracts don't necessarily have to be printed and signed.
Oral contract is fine if you can prove it.
So, it's a good idea to record all important conversations with sales people, and this can be easily done nowadays.

As long as you have their permission. But what if the vendor denies that it's the voice of their saleswo/man ?

Bingolingo

Marktheshark wrote: »

Very useful, it contains the facts you do not want to hear.
I shall say it again for you :
What you think or say the salesman said = absolutely irrelevant.
What was on the actual contract you signed + legal and binding.

If you signed without reading it, then you have just had a life lesson that we all learn at some point.
What you think you can do about it ?
I do not know, you signed the contract it is your contract.
If this is not helpful, I am afraid nobody can help you as what I said is exactly what is going to happen to you.
Only advice I can offer, is sit down and read anything you sign and it won't happen again.

Another example of someone on this forum getting a cheap thrill from giving condescending 'advice'. If you feel the need to make a statement that, quite clearly, has the effect of insulting the OP - then maybe don't post?

@OP
Complain, then complain again and every time you're rebuffed or have your complain rejected - take it higher up the ladder. You have been miss sold and have every right to rescind. However, as Grumbler has said, you're up against it as you have no hard evidence of what the sales person said.

Herongull

According Which?

"If you relied on verbal statements made to you at the time of entering into the contract relating to tariffs, savings or any offers, and those statements turn out to be untrue, then you can bring a claim under the Misrepresentation Act to either cancel the contract, or to claim damages.
If the statements were made to you over the phone, then under the Data Protection Act 1998 you can request a copy of any recorded telephone conversation, which would help to show any evidence of mis-selling.
You can also report the matter to Ofcom."

http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider

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

Please don't listen to ignorant idiots who tell you that you don't have any rights if salespeople give false information to induce you to take out a contract.

d123

Herongull wrote: »

According Which?

"If you relied on verbal statements made to you at the time of entering into the contract relating to tariffs, savings or any offers, and those statements turn out to be untrue, then you can bring a claim under the Misrepresentation Act to either cancel the contract, or to claim damages.

And how does Which explain how you prove his/her verbal statement when the sales person says "I never said that"?