Falsely sold contract

cambslass

My daughter was with 02 and just before the contract was up for renewal, she received a phone call from 'someone' that said that she was eligable for a free upgrade. She asked if this 'was 02', and the reply was, "yes".

It wasn't until a few weeks later that she realised that it was not 02 that had contacted her, but it was someone to do with 'Three' network. (She had no literature with the new phone) She then emailed 'Three', once she realised that she had been mislead, but they told her that it was not them that sold her the phone/contract, but someone that acted on their behalf.

Can she now cancel the contract without any cost to her?
She did her best to try and sort it out at the time, but as they had not answered her email within the 28 days, they (Three) said that the contract was binding.

Thanks all.

niceguyed

Read this taken from http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0051-1111.txt

"If the trader has not provided you with the required information about your right to cancel a service, but does so within three months, the cooling off period may be extended for seven working days after the information is received. If you agree that the service contract can start before the expiry of seven working days, the trader must give you the required information before the service is performed. If the service has already commenced, the cancellation period ends seven working days from the day after the day you receive the information. If the service has already been performed, the cancellation period ends on the day of performance.
You must take care of goods whilst they are in your possession and, if you are returning them, you should take reasonable care to ensure that the trader receives them and that they are not damaged in transit. If the goods are not adequately packaged, are incorrectly addressed or do not carry the correct postage, and become damaged as a result, the trader may have a claim against you."

This would suggest the cooling off period is extended in this case as you have not received information about your right to cancel. Does three have the details of who acted as an agent? If so write to them informing them you wish to cancel. Has your daughter used the phone? If she has then that might be deemed as accepting the contract.

Iamthesmartestmanalive

niceguyed wrote: »

Read this taken from http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0051-1111.txt

"If the trader has not provided you with the required information about your right to cancel a service, but does so within three months, the cooling off period may be extended for seven working days after the information is received. If you agree that the service contract can start before the expiry of seven working days, the trader must give you the required information before the service is performed. If the service has already commenced, the cancellation period ends seven working days from the day after the day you receive the information. If the service has already been performed, the cancellation period ends on the day of performance.
You must take care of goods whilst they are in your possession and, if you are returning them, you should take reasonable care to ensure that the trader receives them and that they are not damaged in transit. If the goods are not adequately packaged, are incorrectly addressed or do not carry the correct postage, and become damaged as a result, the trader may have a claim against you."

This would suggest the cooling off period is extended in this case as you have not received information about your right to cancel. Does three have the details of who acted as an agent? If so write to them informing them you wish to cancel. Has your daughter used the phone? If she has then that might be deemed as accepting the contract.

You cant be changed network without knowing about it due to pac codes etc so Id have to say they will claim your daughter not raising this issue earlier will be implied acceptance

niceguyed

Iamthesmartestmanalive wrote: »

You cant be changed network without knowing about it due to pac codes etc so Id have to say they will claim your daughter not raising this issue earlier will be implied acceptance

It is not clear whether the OPs daughter has actually been sold a new phone with new number on three rather than as you suggest being asked for the PAC code to use the existing O2 number.

Regardless of whether the daughter wanted the phone or not there must still be a cooling off period due to distance selling. As the seller has not provided the necessary cancellation information I think the OP has a chance.

wacko911

This is common practice with a certain '3' distributer.

Excact same thing happened to my gf, phoned up, free upgrade, got a new phone in the post - no paper work and NO sim card so she put her old one in it and low and behold about 4 weeks later a 3 bill arrives for the 'new' contract!

Took about 2 years to sort out. Think she still gets letters from them looking £15 or so.