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Carphone Warehouse - Mis-sold Mobile Phone Contract O2


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Hey guys, I'm looking for a little bit of help with a recent mobile phone contract my sister had taken out in-store at Carphone Warehouse.

 

 

My sister made enquiries over the phone to O2 regarding any deal's that would be available for the Christmas period. It was advised that she attended a store I think she got a little bit confused as she attended Carphone Warehouse instead of the O2 store, who sold her a 24 Month Contract on O2... anyway.

 

The purchased was made prior to Christmas, after the Christmas period it was found that the phone is not suitable for her partner and at the very first chance she attended Carphone Warehouse for a full refund. This was on day 6 after the initial in-store sale.

 

My sister was informed it is not possible to return the product as it was put through as an upgrade . Her contract prior to this *so called* upgrade was a 24 Month Contract again with O2. This contract had finished and turned into a 30 Day Rolling Contract, she was currently on month 2.

 

We contacted O2, who advised us they are more than happy to cancel the contract, however we must first go Carphone Warehouse and return the phone. We tried this and Carphone Warehouse is having none of it. The staff in Carphone Warehouse are very un-professional as they started to get abrupt , extremely sarcastic and arrogant. One Guy at Carphone Warehouse refused to give me his name when requested, he did however have a name tag on I could not read, he then went into the back of the store , removed ihis name tag and returned back out. When asked to speak to his manager surprisingly this was the manager.

 

I lodged a complaint needless to say about both issues, the service received as we had a small child with us at the time and thought it was very inappropriate the level of his tone and attitude received. Which is now currently being investigated.

 

We also lodged a complaint about how we have not been able to return the phone contract back.

 

Our main concern is, why the contract was put through as an upgrade because Carphone Warehouse has a zero policy in returns once an upgrade with O2 has been purchased.

 

We wrote to Carphone Warehouse about the following issues:

 

  1. The Mis-Selling of the contract
  2. How we should have been made more aware of the upgrade and how it was not returnable.
  3. Finally the Service Received.

My sister was not fully informed that the contract would be put through as an upgrade and how she is not able to return the phone back once the contract was signed. We had a look at the contract itself she signed. The only time the word upgrade is used is under description , "O2 Direct Telecom Gsm Upgrade"

 

The arguments we put forward , had she known the contract was un-returnable the contract would not have been signed up for She feel's it was not made clear to her that the contract was an upgrade. (I understand it say's this in the description), However she did not realise the policy of Carphone Warehouse with O2 upgrades and how she is not able to return this.

 

She also feel's that the contract she have been a put through as a New contract because her old* contract had technically finished and she was on a 30 Day rolling Contract.

 

Does anybody know where we stand with returning this phone? we received a letter back from the customer service department of Carphone Warehouse which states, it was sold as a upgrade and they do not accept returns.

 

Thanks for any help in advanced.

 

Craig

Edited by duffy1807
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Hi

there was a similar question on another thread and thie info was given out

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?457873-carphone-warehouse-mis-selling-vodafone-contract-phone&p=4841465&viewfull=1#post4841465

 

I would contact cpw and ask for a deadlock letter or if it is past 8 weeks since you complained, go straight to the Telecoms Ombudsman

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