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Misinformed and misrepresented discount on phone contract upgrade: can I cancel?
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Hi I'm looking for a little bit of advice really.
I have an ongoing complaint with a phone network, and currently with the ombudsmen service. I don't know how much you're allowed to say during this process so let's refer to them as network x for now.
I used to work for network x last year. We were informed by the store manager about the staff discount scheme and how once applied it remains on your account fir your network x customer tenure, not tied to continued employement, as long as you upgrade through a direct channel it would stay on there. I called network x customer service to check the policy and they confirmed this.
I was leaving network X soon, so I paid £260 to early upgrade my current plan to get a new phone (i didn't NEED, but wanted the discount).
I left network x as an employee about a month later. Network x sent a text to notify me of removal of the discount on my next upgrade date (2018).
I feel I have been misrepresented the terms of the discount and misinformed as to the policy surrounding this. Had the correct info been presented correctly I would not have tied myself in to a longer and larger price plan. The misinformation lead me to make a contractual purchase I would not gave usually made. I feel they have broken the consumer protection against unfair trading act and the misinformation act. I understand if they cannot honour the duscoy t the origionally claimed, but I would like to cancel and refund my early upgrade and return to my original plan that was perfectly suitable.
I have contacted network x about this and one team leader offered to cancel it fir me, then realised I purchased in store so could not cancel as they have different returns channels over the phone. The company and I went through 8 weeks of communication regarding the matter and resulted in deadlock, so it is currently with ombudsman services. Ombudsman service have said that because a copy if terms she cobditions had been presented at the time they cannot find any short comings in network x service. Yet I just called them again and they still giving out incorrect info!
I understand the whole t and c thing but if you specifically ask the question and to,d the same thing from store and customer service you're going to believe it.
I have a phone appointment with the ombudsman case worker tomorrow so was looking fir some advice before the call?
I've been doing some research into the laws and regulations I think they have broken and found this, please take a look:
If a seller presents incorrect information as fact to a consumer, which leads to the sale of a good or service - and therefore a contract being made, the consumer has the right to cancel the contract (known as rescission) and/or claim damages depending on the type of misrepresentation.
2. Negligent misrepresentation
When a statement is made carelessly and without sufficient checks to ensure the information is accurate.
!
3. Innocent misrepresentation
.A false statement is made innocently. In this instance the consumer will either be awarded damages or the contract cancelled. It’s not possible, with innocent misrepresentation for both outcomes to be awarded
I have an ongoing complaint with a phone network, and currently with the ombudsmen service. I don't know how much you're allowed to say during this process so let's refer to them as network x for now.
I used to work for network x last year. We were informed by the store manager about the staff discount scheme and how once applied it remains on your account fir your network x customer tenure, not tied to continued employement, as long as you upgrade through a direct channel it would stay on there. I called network x customer service to check the policy and they confirmed this.
I was leaving network X soon, so I paid £260 to early upgrade my current plan to get a new phone (i didn't NEED, but wanted the discount).
I left network x as an employee about a month later. Network x sent a text to notify me of removal of the discount on my next upgrade date (2018).
I feel I have been misrepresented the terms of the discount and misinformed as to the policy surrounding this. Had the correct info been presented correctly I would not have tied myself in to a longer and larger price plan. The misinformation lead me to make a contractual purchase I would not gave usually made. I feel they have broken the consumer protection against unfair trading act and the misinformation act. I understand if they cannot honour the duscoy t the origionally claimed, but I would like to cancel and refund my early upgrade and return to my original plan that was perfectly suitable.
I have contacted network x about this and one team leader offered to cancel it fir me, then realised I purchased in store so could not cancel as they have different returns channels over the phone. The company and I went through 8 weeks of communication regarding the matter and resulted in deadlock, so it is currently with ombudsman services. Ombudsman service have said that because a copy if terms she cobditions had been presented at the time they cannot find any short comings in network x service. Yet I just called them again and they still giving out incorrect info!
I understand the whole t and c thing but if you specifically ask the question and to,d the same thing from store and customer service you're going to believe it.
I have a phone appointment with the ombudsman case worker tomorrow so was looking fir some advice before the call?
I've been doing some research into the laws and regulations I think they have broken and found this, please take a look:
If a seller presents incorrect information as fact to a consumer, which leads to the sale of a good or service - and therefore a contract being made, the consumer has the right to cancel the contract (known as rescission) and/or claim damages depending on the type of misrepresentation.
2. Negligent misrepresentation
When a statement is made carelessly and without sufficient checks to ensure the information is accurate.
!
3. Innocent misrepresentation
.A false statement is made innocently. In this instance the consumer will either be awarded damages or the contract cancelled. It’s not possible, with innocent misrepresentation for both outcomes to be awarded
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Comments
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Oh I forgot to mention I have the name, time date and site of one of the members of customer service who confirmed the tenure of discount or me.
He network have also supplied incorrect info to the ombudsmen, they have told them I performed my own upgrade, processing myself which is incorrect and have the contract with an ex colleagues name written all over it.0
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