Is my dad stuck with this phone contract?

Dollyd

I need help ......

I tend to sort out the phone contracts for my mum and dad as they are both elderly and I can at least then can an eye on what they are signed up for.

My dad (who was with T Mob) received a call on his mobile a couple of weeks ago from "EE" saying did he want to upgrade as it was due. They caught him a bit off guard and basically he has somehow accepted what they offered him; unfortunately he also didn't tell me until after the 14 days cool off period had passed.

From the documentation he received with the phone we have realised this is also a third party agency called "Sprint Communications". I have tried talking to them but because its over the 14 days they are not being very helpful.

I am guessing that he is probably stuck with this contract which is for 24 months, however, one of the things he does remember saying is that he currently only pays about £15 a month and the guy said he could match this. The letter from the company has come through at £19.99.

Am I allowed to request a transcript of the telephone conversation so I can see for myself what was actually said?

Is there anything else I can do to help him or is is a case of he has just been had and going to have to accept it for the next two years? I just want to see if there is anything I can do to help him as he is so frustrated that he has falling for something like this.

Any advice would be great, thanks!

grumbler

Demand the contract to be cancelled unless they can prove that he agreed to £19.99. Your claim is about misselling, that has nothing to do with cooling off period. Another point is misrepresentation as they aren't 'EE'.

If they refuse, try complaining to the new retail ombudsman:
Retail ombudsman service
How to complain: use your consumer rights - MoneySavingExp

I am not sure, but it can be possible to sue the company for the full cost of the contract (or for £4.99*24?) via Small Claims Court (online)

Herongull

Yes, just cancel the contract due to misrepresentation if you are definitely outside 14 days.
http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider

As well as your above right to cancel, you might still be within the 14 days anyway. The clock actually starts when he received the contract details and the goods, not when the phone call took place.

Dollyd

thanks for your comments. He is definitely outside the 14 days as had the phone for a couple of weeks before he told me what happened.

When I finally got to speak to one of their people I said to her that you tricked him by saying you were "EE". She reckoned that he would of been told at the end of the call that where they were calling from as its part of the blurb they have to read out to the caller; this is part of the reason I wanted a copy of the transcript of the call.

I was even thinking of just getting him to cancel the direct debit as that will soon make them talk to me properly although didn't know if that could make things worse.

gardner1

Dollyd wrote: »

I need help ......

I tend to sort out the phone contracts for my mum and dad as they are both elderly and I can at least then can an eye on what they are signed up for.

My dad (who was with T Mob) received a call on his mobile a couple of weeks ago from "EE" saying did he want to upgrade as it was due. They caught him a bit off guard and basically he has somehow accepted what they offered him; unfortunately he also didn't tell me until after the 14 days cool off period had passed.

From the documentation he received with the phone we have realised this is also a third party agency called "Sprint Communications". I have tried talking to them but because its over the 14 days they are not being very helpful.

I am guessing that he is probably stuck with this contract which is for 24 months, however, one of the things he does remember saying is that he currently only pays about £15 a month and the guy said he could match this. The letter from the company has come through at £19.99.

Am I allowed to request a transcript of the telephone conversation so I can see for myself what was actually said?

Is there anything else I can do to help him or is is a case of he has just been had and going to have to accept it for the next two years? I just want to see if there is anything I can do to help him as he is so frustrated that he has falling for something like this.

Any advice would be great, thanks!

Do they make lots of calls to justify 2 £15 a month contracts....would payg not be cheaper

elsien

They can deal with you if dad authorises it - may need to be in writing.
Alternatively get your dad to request the transcript, then you can check it for him.
Cancelling the dd may not be a good idea, if dad starts receiving debt collection letters while you're trying to sort things.

Dollyd

For my mum its worth the contract as she uses her quite a lot especially for the internet and I have her set up on Facebook as well and grandchildren dotted around the country/world. My dad is getting there as well so reluctant to remove him from contract just yet.
I think I will see if I can get my dad to call to request the transcript as then we will know for definate what was said on the call

grumbler

Most likely there is no any transcript as they aren't stupid to record their bogus cold calls. If so, they will deny everything and you have to be prepared to complain in writing and then take the case to the ombudsman. Or to send them a letter before action and then take the case to the SCC.

mobilejunkie

Do NOT cancel the direct debit. It will not only trigger the debt collectors but wreck your external credit files fo the next six years.

If you try and cancel your contract the network will charge you the equivalent Early Termination Fee anyway; the contract with them is valid and separate from the third party. It is the third party any claim would be against - and if you can prove it was mis-sold you may have a case for the full cost resulting (i.e. the ETF and costs incurred to that point). Proving it may be extremely difficult, however. If it got that far, however, your claim might be limited to the difference in cost between what was promised and what it actually is.