phones4u buyout

gsmmad

ok what you dont get is it is the fault of the sales person because its upto him if he does this ...AAAAAAAA if u take this 18 month contract i will buy u out at month 12 ...

What he should say is ''mate ill be honest with you, conditions change all the time. I dont want to promise you something i cant do when you come back however there is a possibility that i maybe able to offer you a buy out when you come back in 12 months. Im not promising it and it is off my back but when you come back i will talk to my managers and either do a full buy out or we will help you towards a buy out.'' Sales consultants change there are exellent ones which will tell you this in full and there are some that will say yes yes, sign here here and here.

THANKS

.....whats happened is mainly because of the changes with 3 ...if this was a buy out from vodafone an there was 6 months left it would be sorted without a problem.....

lee634

gsmmad wrote: »

ok what you dont get is it is the fault of the sales person because its upto him if he does this ...AAAAAAAA if u take this 18 month contract i will buy u out at month 12 ...

What he should say is ''mate ill be honest with you, conditions change all the time. I dont want to promise you something i cant do when you come back however there is a possibility that i maybe able to offer you a buy out when you come back in 12 months. Im not promising it and it is off my back but when you come back i will talk to my managers and either do a full buy out or we will help you towards a buy out.'' Sales consultants change there are exellent ones which will tell you this in full and there are some that will say yes yes, sign here here and here.

THANKS

.....whats happened is mainly because of the changes with 3 ...if this was a buy out from vodafone an there was 6 months left it would be sorted without a problem.....

What YOU DON"T understand that is not what was said, when a person from the sales teams promises a customer something he is acting on behalf of the company not on his own, otherwise sales reps can offer any kind of crap informantion and be blameless, RUBBISH

Phones for you have to take respnsibility for there employees mistake.......

chocolateypie

gsmmad wrote: »

ok what you dont get is it is the fault of the sales person because its upto him if he does this ...AAAAAAAA if u take this 18 month contract i will buy u out at month 12 ...

He's right here. It's at the discretion of the sales consultant whether he or she offers any sort of deal "sweeteners" to get the sale.

lee634 wrote: »

What YOU DON"T understand that is not what was said, when a person from the sales teams promises a customer something he is acting on behalf of the company not on his own, otherwise sales reps can offer any kind of crap informantion and be blameless, RUBBISH

Phones for you have to take respnsibility for there employees mistake.......

This should be the case, however large companies like phones4u, cpw, etc won't (in some cases) take responsibility for mistakes made by their employees if they consider the mistake to be a minor one. They leave it to the employee to sort out with their customer. If you have a problem with your contract, whoever you speak to at the time will usually tell you to sort it out with the salesman who sold it, unless of course they no longer work at the store...

duchy

chocolateypie wrote: »

If you have a problem with your contract, whoever you speak to at the time will usually tell you to sort it out with the salesman who sold it, unless of course they no longer work at the store...

No that is illegal
It's what they would LIKE you to believe but it simply isn't true.
The salesperson is employed by the retailer-therefore it is the retailer's responsibility.
If you've accepted nonsense like that in the past-I'm sorry but you were done !
(And btw I've worked in retail management at a fairly high level so I do understand the law as it applies to retail stores)

Jimz

Duchy is absolutelly right. Do not let them blag you. You have bought from the retailer. The sales person is representing that organisation and is not acting as an individual. See what reply you get to your letter, but possibly consider small claims court.

Overall I thing there is a wider lesson here. Mobile sales is pretty unscrupulous. Dont sign up to contracts which you dont intend to fullfill based on some spotty sales person. Always assume the full duration.

However best of luck, I hope you win..!:money:

badfelafel

the problem is that its not about what the law is, its about fighting with a big company!

i dont think there's any doubt that the company here would be liable for the employee's actions in making the statement: since Lister v Hesley Hall there has been a 'close connection' test of the action to the work, and that would be satisfied in this case.

i know that the employee and phones4u have parted company (on the day after i took out the contract!)

note that vicarious liability gives a person an easy course of action against an employer - this is a joint and several liability with the employee and the person can still pursue the employee if it is worthwhile.

the thing is that i don't really want to raise an action in court - its too much hassle! but i don't feel like i should let phones4u get away with ripping me off, and their manager making up legislation to persuade me into a new contract.

thanks for your help everybody...

ps - still not heard back from phones4u on my email. will send it registered post to their registered address instead!

badfelafel

Had a reply from phones4u asking for all sorts of details... perhaps they are actually investigating properly!

gsmmad

thats good to hear, hope they sort it out

zkw2007

Will I be able to argue this based on a verbal agreement with the salesman?

badfelafel

zkw2007 wrote: »

Will I be able to argue this based on a verbal agreement with the salesman?

argue what zkw?