Phones 4 U and Orange

[Rayne]

Afternoon all

 

Query: Missus got a Nokia N95 on the Orange Doplhin 35 contract via Phones 4 U back in August. The deal offered was 500 mins and unlimited texts.

 

Just had the December bill thru and we've just noticed that its actually 500 mins and 500 texts. Sorted that side out direct with Orange who are starting the unlimited text from the start of the next billing period (3rd Jan) so happy enough there. However, after speaking to Orange, they claim that back in August the 500 mins and unlimited texts wasn't available thru indirect dealers, in this case Phones 4 U.

 

Speaking personally I feel that this has been either misrepresented or mis-sold by Phones 4 U who are currently claiming that because it's now 4 months down the line there's nothing that can be done.

 

Assuming that the paperwork Phones 4 U sent us agrees with this is anyone else able to verify this as a misrepresentation / mis-sold contract and if so what would the next steps be? Obviously a letter to Phones 4 U (recorded delivery) stating the basis for a complaint, but anyone else, such as Trading Standards etc?

 

Kind Regards

[OrangePrimate]

oops hit tab too quickly!! how do you delete a post?

[OrangePrimate]

If i remember correctly it was 1st August that the unlimited bundles stopped being available to indirect dealers and only then available through Orange direct. It is more than likely that this particular store was a little slow on the uptake and was a genuine error. (there where a few indirect dealers that fell down on this!)

Orange have obviously decided to give the bundle anyway as a goodwill gesture and as you say, you are happy with that decision, so can i ask what benefit could come from claiming misrepresentation and/or misselling by phones4u?

 

If more than 500 texts have been sent each month since august and you have incurred charges, then yes, there would be good reason for complaint and requesting that phones4u refund you those charges (if the paperwork backs it up as you say)

 

But if everything is now as you wanted and there has been no loss to yourself, apart from a letter to the store to raise a 'training issue' maybe, what would be gained?

 

Sorry if this sounds negative and not what you expected as a reply, but i am interested why it would seem appropriate to take this one any further, to the likes of trading standards etc over a simple error and with no detriment suffered?

[lawbunny]

Hey, to prove mis-representation or mis-selling you must prove that the dealer "knowingly" told you incorrectly. As OrangePrimate said, it is highly likely that the store made a mistake, owing to the timing etc.

 

As the problem has been resolved, so you have not lost any money, you might find you just end up out of pocket through any court action, as it would be hard to prove fones4u intentionally misled you, especially if Orange are aware that many dealers have made similar mistakes around the same time.

[Rayne]

In this case yes out of pocket, not by a fantastic amount or anything, was more a "is this worth pursuing" kind of thing. Going by the replies quite possibly not as it would be hard to prove, and I would agree that a letter in this instance would be deemed more than appropriate.

 

Many thanx all

[donky04]

I to have been miss sold a contract over the phone by phones 4 u in october last year, I was was with 3 when phones 4 u sold me my new contract with Orange 800mins 300text and the clincher online minutes (Unlimited Internet) they told me I could use to get my computer online great I thought for £40 a month so after a bit of problems messing around changing networks it pans out Orange do not have any package like this, so phones 4 u have excepted fault and will pay off the rest of the contract. my argument is I want a full or partial refund as I now feel messed a round wasting time sorting there '**** up' and could have stayed with 3 and got a cheaper deal or another company I feel they have pirated my business. just wanted to know where I legally stand or who best to talk to? please HELP!