Carphone warehouse upgrade issue

So my girlfriend was due an upgrade on her Sony Xperia z5 compact and had recently gotten a new model due to a broken screen on her old one. So given the phone was reasonably new she decided to go for a sim only contract this time and make a plan to upgrade the phone separately.

She was due the upgrade and had plans to go and get the new phone at the weekend but got a call from CPW during the week, on her nights. So she was awoken in the middle of her sleep cycle to negotiate a new contract, first alarm bell ringing. So despite telling the call handler this, the person insisted on continuing the process. Told her it would be quick.

So she sets out her desire for a sim only contract, and asks if she can get more data. Currently been on 500mb as she barely ever uses it, but realised that it gets close at the end of the month so wanted more leeway. Told she couldn't get more as she didn't use it, second alarm bell ringing.

So given a offer of a £17pcm contract, sim only on her existing contract tariff (unlimited calls and texts and 500mb data) and offered a free bonus phone in case of breakage. Third alarm bell ringing. Got offered an Alcatel Pixi 3 (old gen phone pre 4G rollout android 5) as a just in case option.

Given this was basically 1am for her and pretty sleep deprived, she agreed under impression it was for sim only contract.

2-3 days later phone arrived. Didn't check package that much as assumed it was just spare phone. Probably the main issue here but not my phone so can't make much difference

Cue 3 1/2 weeks later, Xperia gets dropped and goes off. :mad::mad: We decided to head into CPW and get new sim only phone. Discussed the phone options with the store manager and he looks up the contract. Is confused as turns out the sim only rolling contract is not a sim only rolling contract. Its actually a 24 month contract for the Alcatel. As in a worse phone than the one she had.

Cue moment of panic as we wonder how we managed to get into this position. Manager is a hero. Phones customer support and asks how this could be sim only contract if its for 24 months and there's a phone attached?

Gets forwarded to management team and they are at present reviewing the audio of the call to my GF.

We think there's reasonable grounds for cancellation of the contract as mis sold, but wondered what others think?

I realise it was silly to not check the contents of the contract but again she was assured it was sim only and so too that as face value.

Comments

  • d123
    d123 Posts: 8,720 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Pedroc wrote: »
    So my girlfriend was due an upgrade on her Sony Xperia z5 compact and had recently gotten a new model due to a broken screen on her old one. So given the phone was reasonably new she decided to go for a sim only contract this time and make a plan to upgrade the phone separately.

    She was due the upgrade and had plans to go and get the new phone at the weekend but got a call from CPW during the week, on her nights. So she was awoken in the middle of her sleep cycle to negotiate a new contract, first alarm bell ringing. So despite telling the call handler this, the person insisted on continuing the process. Told her it would be quick.

    Out of interest, why didn't she act as if it was the middle of the night, tell the person NO, and just hang up?

    Maybe a better idea for the next time it happens?
    ====
  • eDicky
    eDicky Posts: 6,835 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    The immediate alarm bell for me is the words 'Carphone Warehouse' coupled with the phrase 'due an upgrade'.

    For their salesman this is the time for a high pressure pitch to sign you up for a new expensive two year contract by any means, much easier if they catch someone while they're half asleep. But for an MSE convert it's time to prepare for a final escape from CPW's clutches at the approaching end of their contract's minimum term. A SIM-only contract elsewhere with 500MB-1GB data should be about £5-6/month.

    Good luck with negotiating your exit strategy, you need it. Let's hope the heroic manager can resist subversion by his colleagues, please let us know how it goes.
    Evolution, not revolution
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    Nah. This is CPW. Unless she can prove she was miss sold and goes down the legal route or they are behave the opposite way to their normal practice she's stuck with it.
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