mis-sold a contract (still within 14 days)

[lafours]

Hi,

 

This looks like a great community and I'm hoping you'll be able to help me on this one.

 

I have just emailed this letter to a company called 'Mobile Connections'. The letter outlines my experience so I won't emphasise the points here.

 

I will however mention that they state their returns policy is 'within 7 days' although Orange, who the contract is with, state 14.

***********************************************************

Dear Mobile connections

 

I would like to put in writing my recent experience with you and the reasons why I would like my contract cancelled, and all my details erased from your records.

I have phoned so far seven times to discuss the problems I’ve encountered. On most occasions, your team has not been helpful, or at least willing to help, in fact in all the occasions except one I was hung up on. I responded to an unsolicited text message you sent about an 18 months contract with cash back with Orange, and things started to get bad from that point.

 

• I was mis sold the items as “buy one get one free”, but upon receiving the handsets I realized that what you sent me was actually two separate contracts, that had to be paid for individually.
  
• On 20/06 I posted back to you one of the handsets via recorded delivery after being advised by “Shazia”, who refused to give a second name. To date I have not received a confirmation that the phone and all outstanding commitments related to it will be written off as promised.
  
• On date 23/06 I received two unsolicited letters, with your letterhead, regarding insurance for each of the handsets, terms and conditions of which, you claim I have agreed to. I phoned the insurer named in the letter: Citymain Administrators LTD, to cancel both policies, explaining I had not signed up to any. The lady I spoke to, confirmed that the details had been supplied to them by “mobile connections”.

Before agreeing to the cashback offer, I asked specifically whether you would supply my details to any third parties, including subsidiaries, and I was assured that that was not the case. Instead it emerges you have so far supplied my personal and financial details to “Dial a Mobile”; “Citymain Admninistrators”, and Amtrust international underwriters.

I am also personally very offended by the response I received when I phoned you up to ask what was going on. This morning at about 10 am I rang to say my details had been given to third party companies. The advisor I spoke to was very rude, maintained that none of what I was saying was true, even though I read to him passages from the letters I have been sent mentioned above, his tone was challenging, he said “I wasn’t sure of what I was talking about” even though I was mentioning names, dates, etc. And as I was questioning his arrogant tone he hung up on me.

 

I believe that you are in breach of contract, and violating the Data Protection Act. Furthermore I cannot have any trust in you as a company given the appalling customer service I have been given as problems arose, and I am tired of spending lots of money in postage and phone calls on 0870 numbers for the mistakes you make and the problems you create. I therefore ask that you cancel all contracts with myself, erase my details from your records, let me know how you’re going to compensate me for the hassle created and the way I was mistreated, and refund me any monies you may have taken involving the above mentioned issues immediately.

I trust that you, like me want to resolve my complaint in the most peaceable way.

If you fail to respond within ten days, my complaint will be handled by trading standards, the Information Commissioner, and I will endeavour to let everyone I know, including newspapers, about the way you like to treat customers.

******************************************************

 

Can anyone advise if this will be enough to get these contracts cancelled and if not, what can I do?

 

Any help would be greatly appreciataed.

[jimmy1811]

I had a similar problem with a dealer called freeupgrades.co.uk and Three.co.uk. I'm no expert on this but the advice I got was to cancel in writing within seven working days after recieving the handset recorded delivery. I sent this to both the dealer and the provider. I also found that they had opened two insurance policys which I said I did not want and also had to cancel these.

I contacted consumer direct who were a great help. I sent the phones back to to dealer only for them to refuse to accept delivery. I think I only got the issue resolved by writing to the CEO of Three threatening court action for harrasment, after this the dealer seamed to mellow and wanted to talk to me and Three have stopped calling me. While this dispute was going on Three gave my details to a debt collection agency a week before any payment was due, so be aware of any strange numbers suddenly calling you. I believe writing to the CEO of Three helped me resolve my dispute, hope this is of some help to you.