T-Mobile missold me a phone and refusing to do anything about it - advice needed

[dawg]

I bought a mobile a few weeks ago on a 2 year contract in a T-mobile store however ive since found out its not what they told me. When I bought it I specified it must contain android 2.2 or higher software. This is because at work we use a lotus aplication for corporate emails and the security policies needed for this were only introduced in android 2.2.

The sales assistant assured me this phone was android 2.2 and that if the current handset was only 2.1 then an update would appear within a few days and I could install it over the air.

 

So as no update appeared, I assumed I had 2.2 software, a week later the IT department managed to get round to installing the email software where they then informed me my phone was only 2.1. I then searched the internet and it turns out this phone has not had an update to 2.2 and nor is there a date for it.

 

I called the T-mobile store but they have told me the girl was new and from another store so she probably didnt know but unless she verified my story then there wasnt anything I can do. When they asked me how long I had had the phone they then told me since the 7 days had passed then basically it was tough luck and that there was nothing they could do anyway. When I explained that I had just signed a 2 year contract and they had missold me the phone I was basically told "sorry, you should have noticed within 7 days so we cant help you"

 

Ive contacted the customer services and they tell me that as it was bought in store, only the store can deal with it.

 

So, what are my rights? Am I really stuck with a phone that doesnt serve its stated purpose for another two years?

 

Any advice would be appreciated

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?285973-OFT-SOGA-online-hub-useful-info-on-SOGA-for-sellers-aimed-at-business-but-useful-resource-for-consumers.&p=3216327&highlight=#post3216327

 

You will find updated SOGA information in the link above. It is aimed at sellers, but is a useful resource for consumers as well. HTH

[citizenB]

ALternatively you could issue a claim against the company through the County Court... read the link below for guidance.

 

http://www.consumeractiongroup.co.uk/forum/content.php?718-Customer-Service-or-County-Court

[dawg]

Thanks for that. It certainly looks like ive got a case, but what if the sales girl denies making the claim the software was 2.2. Do I then have to prove she did or is the customers view taken?