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CarphoneWarehouse O2 MISLEADING CONTRACT & bad credit rating


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I am writing about how carphonewarehouse,e2save sold me a misleading contract then tricked me when i tried to cancel the contract withing 7 day period and finaly today i learned i got bad credit rating .

I bought a 12 month contract mobile from an online website www.e2save.com dated sept/2007. At the time of selling they said its a 12 month contract 11 months free effective cost after cash back will be £3.75 per month and "What appears on your bill = £45.00" and its "O2" contract i.e. "O2 800 min + 500 sms".

Since they advertised this contract under the BRAND NAME & LOGO of O2 its obvious for a customer to believe he is signing a contract direct with O2 and will use their services i.e. customer service, usage allowance check and billing services etc.

But after couple of days when I tried to use O2 service to check my usage allowance I was denied by their system to use this service. I noticed I couldn’t use “O2” direct services at all rather I have to deal with another company (middle man) called O2 at CARPHONEWAREHOUSE and my allowance was also not 800 mins according to contract but something like 200 mins I got suspicious. I phone e2save.com customer service about these issues. This person failed to satisfy me and since I was in my 7 day cool off period I told him to cancel this contract he said he can’t cancel rather i have to ring another phone number which is specifically for returns. He gave me returns department phone no (0871 2225522). Since my intention was to cancel this contract I phone their returns dept and clearly said I want to cancel this contract but their returns dept official started giving me assurances that there won’t be any extra charge and you will end up paying effective cost of £3.75 per month after cash back and effective cost per month won’t rise. He also said I am writing an extra note for you.

After my first bill Sep 2007 I spoke with billing company which turned up to be "O2 CPW" O2 at CARPHONEWAREHOUSE not direct "O2" as they advertised under O2 brand name & logo. Their member of staff said you have to pay this pro rota billing= £22.50 on top of your 12*£45 payments and this amount is also not included in your cash back. I said why you didn't inform me at the time of selling this contract he said go back to the people where you bought this contract. I phone "e2save" and they said this is network billing service providers issue we can't do anything for you. I said why did you say in email dated at the time of contract which clearly speaks "What appears on your bill = £45.00" and effective per month cost after cash back will be "£3.75"

Below is a list for easy understanding.

1-The contract email clearly says effective cost of £3.75 per month and "What appears on your bill = £45.00" it doesn't say pro rota billing. I will end up paying more than effective cost of £3.75 per month after including non refundable pro rota billing = £22.50 i.e. effective cost will rise to= £5.63 which is higher than they advertised so it’s a MISLEADING PRICE which is a CRIMINAL OFFENCE.

Furthermore none of them "e2save.com" and "O2 CPW" are ready to take the responsibility of this problem. If I contact "e2save.com" they said contact "O2 CPW" when i contact "O2 CPW" they said go and contact "e2save.com".

I believe during the time of 7 days return period their RETURNS DEPT gave me assurances first to relax me i.e. by saying “I am writing an extra note for you” second just to pass this period once return period is over they are coming up with different statements.

2- They sold me contract while printing the name of “O2” and displaying the logo of "O2" but actually I cannot contact O2 at all rather I have to deal with "O2 CPW" which is "O2 at CARPHONEWAREHOUSE". This is again Misleading Customer.

3- Their returns dept member of staff told me he is writing a note about this issue but in email reply after complain about effective cost rise they said there is no such note exist

4- In email communication www.e2save.com also denied the existing of my call to their returns dept during cool off period but when i provided the proof of this call in my BT Itemised billing then they said they will contact me in next few days but since then even after three reminders they never talk about this call.

5-I have offered them to settle this issue but they said you have no other option but you have to go with us for 12 months otherwise we will damage your credit history.

6-I have also requested the electronic copies of phone conversations between me and their officials to prove my case but they have stopped answering emails after . Officially they respond within three days as you can see in attached documents.

Finally On Monday I have received an email reply from them after I have sent them a final notice. They asked me to pay £10 to get the electronic copy of call, I don’t mind paying but there is ambiguity in their email . I asked them about three calls but she refers to only one call which is to sales dept in her email. She didn’t discuss my call to their RETURNS DEPT which she denied in her email. I am not sure either I would be able to get the electronic copies of all three calls.

7- Finally i got this response from them “Please note that any E-mails sent to this address will not receive a response as this Mail box is no longer manned”. I used the alternative methods many times but i am getting auto generated repetitive email answers which are not relevant to this problem at all.

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They can charge £10 "Subject access request". Modify the SAR in the templates part of this site, make sure you clearly include all the information you require. Cashback schemes generally have a strange business plan, that is to give you so many hoops to jump through that you will fail. Deal in writing then you have a paper trail if things do go to court. Mobile phone contracts in default can damage your credit rating as much as a CCJ depending on the search criteria, so make sure you cross all the T's and dot all the i's!

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The firm you bought from is a division of CW, and is an e-commerce store. Their use of the term O2 confirms the network you are connected to and is a marketing brand used by them. You will not get far saying this is misrepresentation, as this is one of the many approved ways retailers can market airtime. If you wanted a direct deal with the network, you would need to go through their retail arm dire toy, not a third party.

 

O2's customer incentives and exiling are available only to their direct customers, simply because you use the same physical network is no reason to assume you can access the same services. You complain that this misleads the customer, but it is no different than, Asda, Tesco, Virgin, Lebara or a host of other so-called networks, that have no infrastructure of their own - and buy airtime from the ACTUAL network operator, of which there are only 3 available, Vodafone, O2, 3UK and Orange/t-Mobile.

 

As to your call regarding the return, an itemised bill showing a call took place isn't the same as proof you actually terminated. As you stated, your complaint had been addressed, so this element of your dispute needs to be disregarded for now.

 

Cashback deals are so wrong on many levels, and the promise of an 'effective' monthly rental would make me run a mile, but if they promised this, did you actually re eve the promised amounts to fulfil their part of the bargain? If not, then this is what you can challenge them on. You have no right to their call records, and you may find these mysteriously are unavailable. Often transcripts are offered, but it usually boils down to the notes made by the C S operator and added to your account narrative, It is this you will find most useful, so a SAR will enable you to plan your pursuit more effectively.

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thanks for reply guys. so far i believe the strongest point i have is

The contract email clearly states effective cost of £3.75 per month and "What appears on your bill = £45.00" it does not say pro rota billing. effective cost will rise to £5.63/month after including non refundable pro rota billing = £22.50 so it’s a MISLEADING PRICE which is a CRIMINAL OFFENCE by law and this misleading will void the contract at first place.

back in 2007 i have done my best to resolve this issue with CPW & e2save.com but no luck then i moved to new address also they stopped responding my emails , not sure how far cpw debit collectors have gone .

i have cancelled the direct debt after two weeks since i felt i have been tricked.

just yesterday i have learned at t mobile shop carphonewarehouse has done damage to my credit history. do i have any option to correct credit rating ? taking matter to local county court would that help ? do i have any strong point for my case ?

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So many questions. Cancelling your DD is a bad move. Irrespective of your view, your mobile bill needs to be paid whilst you sort out the dispiute, if you stop paying - YOU become the defaulter, and your position is considerably weakened. (As they'll report automatcally to the CRAs). Next, forget about this MISLEADING PRICE and CRIMINAL OFFENCE. It is neither. You will be covered by Contract Law, and there will be no criminal absolution because of it. Additionally, you may have been mistaken and they'll wring you out to dry, by selling the debt onto third parties without a seconds hesitation.

 

Your credit rating hit was a direct result of you not paying - so it reflects the actuality of the account status. The fact you stopped the DD was effectively shooting yourself in the foot, and we warn of this all the time.

 

They wonlt take you to court, whether you do is up to you, but you need to prove they were in error in some way, and have the documentation to back it up.

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