Carphone Warehouse contract advice

[soviet]

Hey guys, just in a little pickle and after some advice. here goes...

In January 2010 my brother entered a sim only upgrade option including a free ps3 slim, ?25 per month for 600 minutes and unlimited texts a month for the o2 network via e2save/ carphone warehouse. The contract duration i think is 24 months.

What I have discovered now is that the operator who dealt with my brother had made a mistake, instead of unlimited texts he put on unlimited web internet which is of no use to him. He has been charged 10.2p per text ever since January. No one from e2save had consulted him about this mistake and only today after I had phoned them, they acknowledge this mistake. The customer service guy said they will need to do a little more investigating, however I think they will offer to reimburse the money spent on texts.

My question is, what are my rights regarding this situation? I was wondering if I could force through a cancellation at this point, as they surely didn't stick by their t&c's of the original contract? The customer assistant guy said that this wasn't possible and that they couldn't offer a cancellation but I'm not sure. Any advice on this matter would be greatly appreciated.

[delboy71]

The carphone warehouse will probably just say that you should have checked the contract before signing it for any mistakes,but lets face it hardly any of us really do!!

just my thoughts..

[tshirtman]

Try contacting your local, Trading Standards, see what they say
if they agree with you, that would carry a lot of weight to your dispute.

[soviet]

Thanks alot guys, will check over with the TS office. Regarding the contract, the paper work they sent me has it all in order, however apparently it was their sales advisor who ~~~~ed it up....

[SCI]

Oh the joys of not reading the small print..... got stung by 02.... went from an 02 shop set up to contract via mobiles.co.uk......sum 1 in 02 decided to keep my old no live even tho it was cancelled.. then charged me for it for 2 months... shed load of calls to 02 and finally some one decided to give me a break ..cost me more than it would hane cost me to pay the 2 months..STILL with 02..silly boy

[Canker_Canison]

Trading Standards have no teeth. Nothing more than jumped up civil servants with a hitler complex.

A friend has had many visits from them. The Ministary (governing body for the financial sector) confirmed he has nothing to answer for as they are well aware of complaints recieved.
But the turd from TS won't accept the decision from the highest power in the financial sector, so keeps trying to find things that don't exist. Or make it up.

On his last visit my friend locked him in the office & gave him a good 40mins of ranting & abuse. Ain't seen him since.

You'd be better off going to CAB. But when it comes down to it, it's his word against yours.

[tshirtman]

the CAB are an advisory service, that's it,
trading standards have the legal powers to enter a business for inspection, it's a criminal offence to obstruct a trading standards officer, they will also start court proceeding if necessary,
if you go to the CAB they will more than likely advise you to go to trading standards.
I don't see how anyone could lock a TS officer in an office for an hour without getting in serious trouble

[pokermoon]

Had a similar problem with vodafone. They'll pay the money back but the contract will still stand. TS are a waste of space and CAB just search the internet for advice. So unfortunately the best bet is to be happy with the refund for the texts and just carry on.

[Canker_Canison]

the CAB are an advisory service, that's it,
trading standards have the legal powers to enter a business for inspection, it's a criminal offence to obstruct a trading standards officer, they will also start court proceeding if necessary,
if you go to the CAB they will more than likely advise you to go to trading standards.
I don't see how anyone could lock a TS officer in an office for an hour without getting in serious trouble

The TS officer had gone beyond his power of investigation. They can only look into a complaint made by a customer. Only files & info relating to that one customer, nothing else. He started asking questions & making accusations without checking on the laws regarding a different company owned by my friend.
Because 'he' believed a licence was needed 'he' would be applying for a court order & possible prosecution. His problem was that a license wasn't needed, as confirmed by the solicitors & the Ministry. Also the fact that my friend already had a licence for company number 2.
This TS officer then tried to open an investigation into company number 2, without a complaint.

It was a simple lesson for him to learn..... When arguing over legal matters, don't start on someone who knows the law far better than yourself. Especially when you're wrong.