Sale Misrepresentation/Breach of Contract

Franky0707

I entered into a mobile phone contract on November 24th, 2017.
I have not been able to get mobile data, internet or telephone signal from the very start of the contract at my place of work.

Despite complaining, Carphone Warehouse have dismissed me and denied liability.

I contacted my credit card provider, HSBC, using a Section 75 complaint; they refunded me my deposit.

The Communications Ombudsman have said that I should complain through the Financial Ombudsman and vice versa. This has been extremely frustrating and unhelpful.

After contacting the network provider, O2, they have told me that a mast near my place of work broke on the day of my phone purchase and so claimed Carphone Warehouse were liable and are in breach of contract because they should have told me about the mast.

I feel that the contract was misrepresented to me because had I known about the mast being broken for the indefinite future then I would not have taken out the contract. I was also not told about the mast when I collected my phone when it was ready to collect on 1st December 2017.

I also feel that Carphone Warehouse/O2 has breached the contract because they are not providing the service that I am paying for.

Who is liable and what are my rights?

Thanks.

Oakdene

Franky0707 wrote: »

I entered into a mobile phone contract on November 24th, 2017.
I have not been able to get mobile data, internet or telephone signal from the very start of the contract at my place of work.

Despite complaining, Carphone Warehouse have dismissed me and denied liability.

I contacted my credit card provider, HSBC, using a Section 75 complaint; they refunded me my deposit.

The Communications Ombudsman have said that I should complain through the Financial Ombudsman and vice versa. This has been extremely frustrating and unhelpful.

After contacting the network provider, O2, they have told me that a mast near my place of work broke on the day of my phone purchase and so claimed Carphone Warehouse were liable and are in breach of contract because they should have told me about the mast.

I feel that the contract was misrepresented to me because had I known about the mast being broken for the indefinite future then I would not have taken out the contract. I was also not told about the mast when I collected my phone when it was ready to collect on 1st December 2017.

I also feel that Carphone Warehouse/O2 has breached the contract because they are not providing the service that I am paying for.

Who is liable and what are my rights?

Thanks.

First thing I would ask is what address is on the contract? Is it the work address where you are having issues, or is it your residential one?

bris

Is the mobile registered at your works address? Is it a business contract?

steampowered

I don't think you can expect Carphone Warehouse to research details of the status of telecoms towers every time someone takes out a contract.

It is really your responsibility to check that before choosing a network.

I think with Carphone Warehouse and O2 you get a 14 day period to cancel the contract or change network. If you are past the 14 day period I don't think there is anything you can do.

For your information, O2 and Vodafone have essentially the same network. There are effectively only 2 mobile infrastructure networks in the UK now - the only other network you can try in the UK is the EE/3 network - so try EE or 3 or a provider operating on EE/3's network.

If the mast went down in December surely it would have been fixed by now. But check on Try https://www.o2.co.uk/help/network-coverage-and-international/self-help-guide-for-network-problems.

BorisThomson

steampowered wrote: »

If the mast went down in December surely it would have been fixed by now. But check on Try https://www.o2.co.uk/help/network-coverage-and-international/self-help-guide-for-network-problems.

My closest mast has been faulty since (at least) last July. Every fortnight we get an update saying they've discovered the fault - they need more time - an engineer is attending - and the loop begins again.

I don't use voice calls so it's fine for me, and I complain each month and get my line rental refunded. Others are obviously very unhappy though.