Carphone Warehouse - Mis-sold contract?

real1314

d123 wrote: »

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

If you understood what "proof" meant and what the degree and burden of proof required in such cases was, you'd probably be better able to give decent advice.

The degree of proof required is "balance of probability" i.e. that is it more likely than not. Or very simply if you think one view is 50.5% likely and the contrary is 49.55 likely, the first view is accepted in any civil matter.

The evidence (not proof) that would be used would be:- 1. The OPs statement; 2. The Girlfriend's statement; 3. The fact of the girlfriend's presence at the point of purchase 4. The DD being in the girfriend's name.

The contrary view would have what evidence?

Marktheshark

Bingolingo wrote: »

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.

No it is an example of someone giving out the basic facts without misleading tho OP that his "verbal" contract might somehow override the actual written contract he signed.
The truth is a Condescension .
We shall now have a 30 post + discussion, the OP who is quite clearly going to ignore the factual information will have to learn the hard way.
Signed contracts are binding, what salesmen say to get you to sign it is not.

If that's a cheap thrill, ill have a dozen.
There is no other avenue to explore, the contract and what terms and conditions are written upon it now stand.
If i am to give condoning and condescending advice this would be it.
Read what you sign first.

There is no "nice way" of saying it.

grumbler

Marktheshark wrote: »

No it is an example of someone giving out the basic facts without misleading tho OP that his "verbal" contract might somehow override the actual written contract he signed.

Nothing might get overridden as the contact doesn't say anything about transferring it to another person. It's just network's practice/policy, not a contract.

Verbal contract can't override the signed one, but the signed one can be cancelled (or the CPW have to pay the ETC) if verbal misselling can be proved.

d123

real1314 wrote: »

If you understood what "proof" meant and what the degree and burden of proof required in such cases was, you'd probably be better able to give decent advice.

The degree of proof required is "balance of probability" i.e. that is it more likely than not. Or very simply if you think one view is 50.5% likely and the contrary is 49.55 likely, the first view is accepted in any civil matter.

The evidence (not proof) that would be used would be:- 1. The OPs statement; 2. The Girlfriend's statement; 3. The fact of the girlfriend's presence at the point of purchase 4. The DD being in the girfriend's name.

The contrary view would have what evidence?

You do realise that without independent proof of the statement (and it would be proof of the statement, not evidence, it's quite unlikely that an adjudicator or a circuit or district judge would not give full weight to the evidence supplied by the complainant and his girlfriend (as its not uncommon for girlfriends/boyfriends/husbands/wives to lie for their partner).

The fact that the DD was in another name is also not proof of anything (when I sold phones it was fairly common for the DD to be on a partners/parents account). The retailer could show proof of this happening along with the salesman categorically denying making the offer and there isn't even a balance of probability to give a judgement when the OP actually signed a contract without this added requirement being endorsed onto it.

Ben987

I work for Tesco Mobile, part of Telefonica whom own O2, and know that we are unable to change the account into somebody else's name, regardless of whether data protection is completed and who's name the direct debit is set up in. With ourselves, you would need to take out a new contract as advised in your partners name, and pay any early termination charges. Only real option is to wait until the end of the contract in your name is done and then have her set up a new and transfer her number over sadly.

I'd take this up with Carphone Warehouse directly, as it appears you have been mis-informed, however your contract will no doubt explain that due to credit checks, contracts, and in some cases credit agreements, you're unable to transfer your account into somebody else's name regardless of what has been said verbally. The power of your signature on the contract will be far greater than simply saying 'he/she said this, even though I know I signed to agree something different'.

Buzby

Surely your GF is responsible enough to pay 'your' bills until the minimum term date is reached?

You then cancel on her behalf and she can get her own. Expecting to rejig an operational contract to change everything is a minefield, even if O2 allowed it. You may gave been misinformed, but if you think pursuing it will force their hand, I don't see that happening.

Bingolingo

Marktheshark wrote: »

No it is an example of someone giving out the basic facts without misleading tho OP that his "verbal" contract might somehow override the actual written contract he signed.
The truth is a Condescension .
We shall now have a 30 post + discussion, the OP who is quite clearly going to ignore the factual information will have to learn the hard way.
Signed contracts are binding, what salesmen say to get you to sign it is not.

If that's a cheap thrill, ill have a dozen.
There is no other avenue to explore, the contract and what terms and conditions are written upon it now stand.
If i am to give condoning and condescending advice this would be it.
Read what you sign first.

There is no "nice way" of saying it.

Your first post reads less as fact and more as insult. It offers little in the way of advice. If you don't want to look like you're being smarmy then have a think about how you go about helping people.