Consumer and legal advice needed.

looney · Dec 30, 2014

OK I will be brief and to the point. Bit before christmas I went into a mobile shop to renew a mobile broadband contract ive had for a few years 15gb. The member of staff said they dont do it any more but do one for 50% more, price wise, but it comes with a free phone for a year. Now was in a hurry and can be lead a bit at the time but said ok. I ended up signing 2 contracts, one for the 15gb broadband that i originally wanted and one for £7 a month phone with various gubbins on it. Now I began thinking something a bit dodgy going on here when I left and haven't had a chance to go back to the store till tomorrow(Its in Palace country).

Theres a few other things "wrong" that raise my suspicions but not directly relevant to the main point, what I want to know before going back and raising hell is , is this fraud? Bait and switch? Or miss selling? Do I go to the police or trading standards?

Oh and Merry Christmas.

Beach Hut · Dec 30, 2014

I would try Citizens Advice Bureau first, it is not a police issue if anything it may be a trading standards issue however you did sign a contract albeit was there a cooling off period ?

BensGrandad · Dec 30, 2014

Do you not have a 28 day cooling off period to cancel as in most cases.

Horses Arse · Dec 30, 2014

Thought you get a 14 day cooling off period for credit agreements, which is effectively what this is. Probably will depend on whether you've used the devices though.

looney · Dec 30, 2014

Horses Arse said:
Thought you get a 14 day cooling off period for credit agreements, which is effectively what this is. Probably will depend on whether you've used the devices though.

i haven't touched them. Ive been digging and the 14 day thing seems to apply to home sales not going in there shops but if its a credit agreement then I dont know. The contract is not due to start till mid febuary.

I said I would pay by debit card and not DD but there is a DD payment bit on the contract. The more I look the dodgier it all seems.

looney · Dec 30, 2014

Beach Hut said:
I would try Citizens Advice Bureau first, it is not a police issue if anything it may be a trading standards issue however you did sign a contract albeit was there a cooling off period ?

Bait and switch is fraud that carries up to 2 year jail term.

Lord Bracknell · Dec 30, 2014

I think you'd be better advised just to negotiate your way out of whatever agreement the retailer thinks you have committed yourself to. Attempting to take any legal action against them will only encourage them to dig their heels in. No-one in their right mind takes on a fight like that.

Beach Hut · Dec 30, 2014

looney said:
Bait and switch is fraud that carries up to 2 year jail term.

Hardly a fraud as it was presumably sold to you in a shop and you did sign a contract ?

BensGrandad · Dec 30, 2014

Just googled it and it came up on a BBC News page the cooling off period only applies to distant selling not from a shop. That has no period whatsoever you sign you keep it unless it is faulty.

looney · Dec 30, 2014

Lord Bracknell said:
I think you'd be better advised just to negotiate your way out of whatever agreement the retailer thinks you have committed yourself to. Attempting to take any legal action against them will only encourage them to dig their heels in. No-one in their right mind takes on a fight like that.

I was thinking bludgeon rather than negotiate but I get your drift.

Creaky · Dec 30, 2014

I don't understand what the problem is.

Is the total £22 per month 50% more than your current contract? If so isn't that what you agreed to?

There will be two contracts - one for the phone and one for the airtime/data. Just because they are separate contracts does't mean that you can get one without the other.

looney · Dec 30, 2014

Beach Hut said:
Hardly a fraud as it was presumably sold to you in a shop and you did sign a contract ?

http://en.wikipedia.org/wiki/Bait-and-switch

"Bait-and-switch is a form of fraud used in retail sales but also employed in other contexts. First, customers are "baited" by merchants' advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods are not available, or the customers are pressured by sales people to consider similar, but higher priced items ("switching").

.....In England and Wales, bait and switch is banned under the Consumer Protection from Unfair Trading Regulations 2008.[1] Breaking this law can result in a criminal prosecution, an unlimited fine and two years in jail. In Canada, this tactic is illegal under the Competition Act."

beorhthelm · Dec 30, 2014

you havent said anything thats "wrong". you've a mobile tariff and a mobile phone effectivly on HP. unless you're saying the 15GB tariff is too expensive, whats the issue?

looney · Dec 30, 2014

Creaky said:
I don't understand what the problem is.

Is the total £22 per month 50% more than your current contract? If so isn't that what you agreed to?

There will be two contracts - one for the phone and one for the airtime/data. Just because they are separate contracts does't mean that you can get one without the other.

I agree with what you say and thought it may be a case of bundling except I have seen similar separate but not any type of bundles offered. I dont even know if the sim will work in my phone because I haven't opened it.

wellquickwoody · Dec 30, 2014

Although the cooling off period does not apply in store, I returned an unused phone to Vodafone and they cancelled the contract without any issue. Who is the contract with? Any major provider would not want to be seen to be acting as the bad guy as long as you have not used or abused any contract or equipment provided by them.

looney · Dec 30, 2014

beorhthelm said:
you havent said anything thats "wrong". you've a mobile tariff and a mobile phone effectivly on HP. unless you're saying the 15GB tariff is too expensive, whats the issue?

The 15gb was for my dongle on my laptop. My phone is PAYG with another company. So renewing the contract came at a cost of an added mobile phone contract and sim. Was not given the option of just one, said they could't do it.

BensGrandad · Dec 30, 2014

According to Orange shop as quoted on my google search as soon as you put the sim card in it renders the phone 2nd hand

vegster · Dec 30, 2014

I'd try going above the shop to a level above, lots of mobile phone shops are run as franchises and some are more mercenary than others depending on the owners. This leads on to staff who are under pressure to "oversell " in order to get a small bonus.

looney · Dec 30, 2014

wellquickwoody said:
Although the cooling off period does not apply in store, I returned an unused phone to Vodafone and they cancelled the contract without any issue. Who is the contract with? Any major provider would not want to be seen to be acting as the bad guy as long as you have not used or abused any contract or equipment provided by them.

The contract is with 3.

BensGrandad · Dec 30, 2014

looney said:
The 15gb was for my dongle on my laptop. My phone is PAYG with another company. So renewing the contract came at a cost of an added mobile phone contract and sim. Was not given the option of just one, said they could't do it.

Why didnt you just buy a PAYG dongle on either Vodaphone O2 or 3. About £25 to include £10 voucher so £15.

I did similar when granddaughter was in Southampton hospital but next day moved her to Marsden and couldnt use it so returned it to 3 at Churchill Sq who gave me my money back and cancelled the contract as the one I got was not PAYG

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