Phones 4 U

[camilla450]

Hi

I originally took out a mobile through phones for you 16 Months ago for T-mobile, I had a phone call out of the blue 3 weeks ago from Phones 4 U they said they could get me a better deal and I could get out of my T-Mobile contract early with no charges, so I agreed to move to Orange, they said they would port my number over within a week and promised me I wouldn’t be charged any extra. I received my phone and orange sim within days and was told a letter would follow shortly that I needed to sign to get my number ported however its been 3 weeks now and I still haven’t received the letter even after chasing them, which means im currently being charged 2 lots of phone rental (T-Mobile and Orange) and will be for at least another Month as T-Mobile still haven’t been served notice. I did ring T-Mobile a week to see if I could port the number myself however they said it would cost me £75! so Phones 4 U said they would send me a cheque to cover it, I didn’t change the PAC myself as I still hadn’t received a letter or a cheque confirming they would pay for it. I rang them up the other day again but again no one knew what they were talking about and felt I was being lied to so I decided I had enough and told them to end the agreement as they were in breach and hadn’t fulfilled their agreement, they told me I couldn’t as it was out of the two week period, I explained to them that they had taken over two weeks to fulfil the agreement and had stalled my decision by constantly misleading me. I decided to call Ofcom they advised me that under the legislation covered by supply of goods and services act 1982 I am allowed to end the agreement because they haven’t fulfilled their side of the agreement, I rang up Phones 4 u and they still wouldn’t let me end the agreement. I am now sending them a formal letter advising them that if they do not let me end the agreement I will take them to Court, please could someone advise me what court I need to take them to? and how I go about doing it? im not letting them get away with this im sure they do this to plenty of other people.

Thanks

[buzby]

This is a mess, but you action depend on what your contract says. I'm assuming all the negotiations were verbal, and the contract you signed for Orange was directly between you and Orange, P4u were only the agents. Since you're governed by Contract Law, Orange are not a party to the P4u arrangement so would be entitled to wreck your credit rating and pursue you for the money.

 

The best way forward is to pursue P4u for all the money you will have to have paid out for the new contract until you can cancel the T-Mobile one, including the porting fees. However only to this if you've got proof that a court would accept. Saying it was all done verbally places you in a very weak position. As long as you know the names of those involved, you should be able to resolve the issue. Incidentally, this problem is more common than you would think.

[complete]

I would advise anyone wishing to take up a verbal offer, to get the offer in writing in full, before agreeing to the wonderful offers that these companies come up with.

[camilla450]

Hi

Thanks for replying.

Yes the negotiations were verbal, my problem was that they took over the "two weeks" to get all the information to me and its now been over 3 weeks and they still haven’t met the terms of the agreement that I agreed. I’m hoping that if it goes forward I can get the transcripts they used because I believe by law if they recorded the conversation im allowed a copy of them. I haven’t signed anything I to only verbally agreed to the contract. I paid a bill the other day for £45 for Orange and haven’t even been able to use it! and have just paid a bill for T-mobile for £35, I will continue to pay Orange and then if I win try to claim it back off of Phones 4 U.

I spoke to Ofcom who advised me to send them a letter to phones 4 U asking them to resolve the issue within 14 days, if they don’t do anything I have to go back to Ofcom and they will refer me to Trading standards.

I’m not surprised its common which is why want to take action against them as they cant keep getting away with it!

Thanks for your advice

I will give an update on how im getting on after the 14 days.

[buzby]

No, if they record the call you have no rights to receive ANY copy of them, either the audio feed or the transcription. They are the property of the firm, and just as you would use any recording to your advantage, they can do the same.

 

For OFCOM to refer you to Trading Standards is a complete waste of time. You could go to TS NOW for all the good it would do, but if you wanted satisfaction you would have to raise an action yourself, they would not do so.

[Thermometer]

??

[buzby]

If only. Exclusion to this include the variables, it is not on media that can be readily accessed, it has been lost/mislaid/wiped (and how can you prove otherwise), a transcription from the master storage media (whether magnetic tape or HDD) is fully accepted as discharge of the request. You have no right of access to the actual recording. Since the consumer will always be battling form a position of weakness, it makes sense to record all your own calls with firms like these and give THEM a hard time, rather than going cap in hand.

[bobmarley1]

REsponce to the last note, all you have to do is ask for a pack number, it is free and then ring up orange and tell them it, and your new number wuill go over

[bobmarley1]

Hi

 

I originally took out a mobile through phones for you 16 Months ago for T-mobile, I had a phone call out of the blue 3 weeks ago from Phones 4 U they said they could get me a better deal and I could get out of my T-Mobile contract early with no charges, so I agreed to move to Orange, they said they would port my number over within a week and promised me I wouldn’t be charged any extra. I received my phone and orange sim within days and was told a letter would follow shortly that I needed to sign to get my number ported however its been 3 weeks now and I still haven’t received the letter even after chasing them, which means im currently being charged 2 lots of phone rental (T-Mobile and Orange) and will be for at least another Month as T-Mobile still haven’t been served notice. I did ring T-Mobile a week to see if I could port the number myself however they said it would cost me £75! so Phones 4 U said they would send me a cheque to cover it, I didn’t change the PAC myself as I still hadn’t received a letter or a cheque confirming they would pay for it. I rang them up the other day again but again no one knew what they were talking about and felt I was being lied to so I decided I had enough and told them to end the agreement as they were in breach and hadn’t fulfilled their agreement, they told me I couldn’t as it was out of the two week period, I explained to them that they had taken over two weeks to fulfil the agreement and had stalled my decision by constantly misleading me. I decided to call Ofcom they advised me that under the legislation covered by supply of goods and services act 1982 I am allowed to end the agreement because they haven’t fulfilled their side of the agreement, I rang up Phones 4 u and they still wouldn’t let me end the agreement. I am now sending them a formal letter advising them that if they do not let me end the agreement I will take them to Court, please could someone advise me what court I need to take them to? and how I go about doing it? im not letting them get away with this im sure they do this to plenty of other people.

 

Thanks

 

 

REsponce to the last note, all you have to do is ask for a pack number, it is free and then ring up orange and tell them it, and your new number wuill go over

[buzby]

REsponce to the last note, all you have to do is ask for a pack number, it is free and then ring up orange and tell them it, and your new number wuill go over

 

It's called a PAC (Porting Authorisation Code). However some networks will not end a contract based on the PAC being issued, leaving the contract running as before.