T-Mobile Web n' Walk Contract Issues

[happyraver9]

Hi all,

My partener recently signed up for T-Mobile web n walk mobile internet for use on her lap top via Carphone Warehouse. We told we could expect speeds of upto 3.4Meg but about 1 Meg was the norm. On returning home we actually achieve speeds of 300k with the very very occaisional peak of about 750k.

We contacted t mobile who said no problem, take it back to the carphone warehouse and they will cancel the contract for you. They flat refused saying that it was t-mobiles problem not theirs. So i again got onto t-mobile who blamed carphone warehouse for claiming unrealistic performance figures. I was then put onto someone from t-mobile technical who helped us get it upto about 600-700k, who said this is realistically the best you can expect. We are in an excellent signal area and checked this before purchase.

Upshot is: T Mobile say they are happy to cancel the contract but will only do so with Carephone warehouses say so as they say it's their fault for quoting silly performance figures.

Carphone warehouse won't do this because they quote t-mobiles figures and it's t-mobiles fault.

 

Both say the 14 day return policy doesn't apply as we bought it through carephone warehouse.

 

I've quoted the sale of goods act but the salesman has had a sudden loss of memory and can't remember what he said.

 

Help !

 

BTW we are only 8 days into the contract

[locutus]

Quick BUMP

Keep at them. post any developments.

 

The 14 days cooling off period is your lawfull right if you buy over the internet or phone, it doesn't aply to things taken out in a shop, although if you buy from mobile suppliers directly they will offer a cooling off period so you can check the coverage.

 

My own tactic for returning goods is to go into a store when it's really busy and use a loud voice to complain.

 

You could email their high level complaints department

[email protected]

[pin1onu]

Quick BUMP

Keep at them. post any developments.

 

The 14 days cooling off period is your lawfull right if you buy over the internet or phone, it doesn't aply to things taken out in a shop, although if you buy from mobile suppliers directly they will offer a cooling off period so you can check the coverage.

 

My own tactic for returning goods is to go into a store when it's really busy and use a loud voice to complain.

 

You could email their high level complaints department

[email protected]

I'd go with the above. Also I'd threaten them with a complaint to Trading Standards.

 

In addition to an e-mail I'd send them a recorded delivery letter indicating that you have your are seeking to terminate the contract under the sale of goods act. (Use recorded delivery because it's amazing how many e-mails are never received or go missing). This will create an auditable trail should this matter come to court.

 

Below are a couple of paragraphs lifted off the BERR website on the Sale of Goods Act which are relevant to your case.

 

* Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

 

You should also remind the Carphone Warehouse that

 

"It is the seller, not the manufacturer, who is responsible if goods do not conform to contract."

 

Regardless of the Salesman's memory your position is that you would not have proceeded with the purchase without their Saleman's assurances on speed.