Where do i stand on this?

tris-

Failed Geordie and Parmothief
Joined
Jan 2, 2004
Messages
15,260
yesterday i bought a phone on 3, tariff talk+text 600. in the shop it clearly stated 500 minutes, 100 texts, 12 months half price rental and unlimited free video downloads from the 3 network.

i phoned up 3, who say there is no tariff at all that gives unlimited free video downloads. i know i can cancel under the 14 thing, but the fact that it is wrongly advertised is against the law, right?

so where do i stand on this? if they have broken the law then i could try milk some more free cash from them (they gimme £30 cos i said i was gonna go somewhere else). i just phoned the shop and they said call back in an hour :m00:
 

Gumbo

FH is my second home
Joined
Dec 22, 2003
Messages
2,345
That was to give them time to remove the sign.
 

Embattle

I am a FH squatter
Joined
Dec 22, 2003
Messages
11,404
tris- said:
so where do i stand on this? if they have broken the law then i could try milk some more free cash from them (they gimme £30 cos i said i was gonna go somewhere else). i just phoned the shop and they said call back in an hour :m00:
The following is from The Trade Description Act regarding enforcement:

If, as a consumer, you think that the law is being broken, let your local Trading Standards authority know. It is not their job to get you compensation for any disappointment you may have suffered, but they can investigate and take whatever steps they deem necessary to prevent others being deceived.
The whole pdf document can be found here, worth a look.

There is little you can do about it directly, other than ask for you money back or try and reach some sort of compromise with them. Personally I think that even with my lack of knowledge of mobile phones I've not ever heard of any service giving unlimited free video downloads, I might be wrong though.....hence this bit should of that pdf should be heeded next time:

Think before you buy - it's much easier and more satisfactory than sorting out the problem later.
 

tris-

Failed Geordie and Parmothief
Joined
Jan 2, 2004
Messages
15,260
i spoke to the manager who said there is nothing in the shop to suggest this. even though i was there with my dad who also seen the same thing i did. unless we both imagined it. there is two phones 4 u in town, both with the same tariff poster. we seen the same thing on both posters.
anyway, he said if i get charged for anything in the first month from downloading, he will pay for it.
 

Ch3tan

I aer teh win!!
Joined
Dec 22, 2003
Messages
27,305
I'd go read the small print. I really doubt they would offer anything like that.
 

Embattle

I am a FH squatter
Joined
Dec 22, 2003
Messages
11,404
Take a picture and contact your local trading standards office.
 

Nos

Fledgling Freddie
Joined
Jan 14, 2004
Messages
258
Phones 4U are lying cheating scum. Take the phone back and be shot of them, it's the only way to be sure.
 

Gray

FH is my second home
Joined
Dec 25, 2003
Messages
3,232
Seriously, Phones4u can go fuckoff. I wish they would close down and piss off.

At the moment at work, im doing a bit of a project which if a customer has a problem with their Point of Sale (Phones4u, o2 retail, The link etc) then i log it down and pass it on.

The list i have compiled is quite big, with Phones4u the fore-runners in this, mis-advising customers on deals, not explaining what they get. Tris - Youre on o2 arent you? Or at least WAS on o2 wasnt you?

We are doing the exact same tariffs at the moment as save deals, o2 Discount 100/250/500, trusting you dont get any text messages but you can ask for i dont know, 100/200 messages for free - For around £20.
 

tris-

Failed Geordie and Parmothief
Joined
Jan 2, 2004
Messages
15,260
i was on o2. o2 offerd me a shit save deal. they said the same tariff for £15 and pay £60 for the phone!! i mean wtf. phones4u gimme the phone for free. half price line rental for 12 months, using chequebacks. £30 cash in hand for not walking out the shop. o2 couldnt do that, though i wish they did cos i actually trusted o2.

but ye, they didnt explain shit. at the end id been given insurance i didnt ask for, i didnt know how much i was paying and she didnt explain the tariff. she didnt even tell me how much i would be paying! as soon as she gimme my cards back she got up and walked off, she didnt say thanks or bye.
the only thing is if i take it back they would try get the £30 back, although i didnt see ANY documet stating that i had even recieved it. afaik if something is a gift then legally you dont need to give it back.
 

Nos

Fledgling Freddie
Joined
Jan 14, 2004
Messages
258
nath said:
Onestopphoneshop are fuckers if they send you a faulty phone though. 99% of places will acknowledge the faulty goods and swap them. OSPS take no responsibility (even if you're in your 14 day cancellation period) and say that as you've opened the packaging you've accepted the goods to be in good condition (and given up your 14 day return rights) and must now go to the manufacturer for a repair, which can take a month in some instances.

At least this is how they operated when I dealt with them, I'm not sure if they've changed their policies of late.
 

nath

Fledgling Freddie
Joined
Dec 22, 2003
Messages
8,009
Hmm, that does sound pretty damn lame. However - when they get it right, they've got fantastic deals.
 

Ch3tan

I aer teh win!!
Joined
Dec 22, 2003
Messages
27,305
Conversly, I was with phones4u for two years and never had a problem.
 

`mongoose

One of Freddy's beloved
Joined
Jan 9, 2004
Messages
957
I have a mate who runs a mobile shop, I just go to see him and he gives me a good deal.

If I don't like his deal I ring around all the networks and throw the tariff I want at them and tell them what phone I want. I usually manage to swing what I want fairly easily.

I was with orange for 4 years (2 phones, mine and my wiffeys) and switched to 3 this year. Coverage isn't always great but the contracts are pretty much the best I have seen.

M
 

old.Tohtori

FH is my second home
Joined
Jan 23, 2004
Messages
45,210
To aswer ze tit-le:

I'd stand infront of the store with a 12g shotgun waiting for the "zombie" salespersons to come out.


Think about explaining why you're the only one seeing zombies for later.
 

DaGaffer

Down With That Sorta Thing
Joined
Dec 22, 2003
Messages
17,682
Nos said:
Onestopphoneshop are fuckers if they send you a faulty phone though. 99% of places will acknowledge the faulty goods and swap them. OSPS take no responsibility (even if you're in your 14 day cancellation period) and say that as you've opened the packaging you've accepted the goods to be in good condition (and given up your 14 day return rights) and must now go to the manufacturer for a repair, which can take a month in some instances.

At least this is how they operated when I dealt with them, I'm not sure if they've changed their policies of late.
Illegal under distance selling regs, your contract is with them not the manufacturer.
 

Tilda

Moderator
Moderator
Joined
Dec 22, 2003
Messages
5,755
Disclaimer! - the following post contains advice which may or may not be correct, and thus, the poster cannot be held responsible for any result, disapointment or monetary loss that is caused directly or indirectly by this advice.

In addition, how can you accept the goods (ie the phone itself) to be in good condition without opening the packaging to check it.

tris- said:
but ye, they didnt explain shit. at the end id been given insurance i didnt ask for, i didnt know how much i was paying and she didnt explain the tariff. she didnt even tell me how much i would be paying! as soon as she gimme my cards back she got up and walked off, she didnt say thanks or bye.
the only thing is if i take it back they would try get the £30 back, although i didnt see ANY documet stating that i had even recieved it. afaik if something is a gift then legally you dont need to give it back.
tbh i'm supprised that you bought it without getting all the details.

The whole issue with the initial sale is quite complicated.
I'll try to sum up the problems here.

A lot depends on how it was sold and when you sign the contract.
If, for example, although you bought the box, you dont sign the contract until you phone 3 up and tell them your code or something, then they could theoreticly change their mind.
However its more likley that you "contract" when you pay for the phone and they accept your payment.As a phone in a box on display is an "invitation to treat", you taking the box to the counter is the "offer" and then when they accept payment, its acceptance and a contracts formed.
Following the latter point, two issues arise.

Firstly, was it a matter of a poster being in the shop, you picking a box up, and paying for it? Or did you talk to the sales person and her implicitly state, "oh yeah you get x, y, z and free video downloads" ?

If the lady specificly said this, then those terms (ie the free downloads) are implied (Sale of Goods Act 1979, S13(1)) into the contract, thus you (I think) have a fairly strong case against them.
If it was because of the poster, things are less clear.
While there may have been a poster that showed this, then this would probably also be implied.If its possible now, i'd suggest you go take a picture of the sign offering such a deal, as otherwise its pretty hard to prove.

While the phone may have been "falsley advertised" it only becomes against the law, as I understand it, if they advertise something as X, and you buy it thinking its X and infact its Y.

Your options are these imho;

Specific performace - the court forces the company to perform the contract as it was represented to you in the shop.
Monetary remedies - ie, you get cash, the contract as the shop thinks may or may not be terminated.
Termination - if you can convince a judge that you absolutly wouldnt have bought the phone if it hadn't included the free video downloads (i get the impression this is the main point of contention) then you could terminate the contract and the company would have to return you to your precontractual state, ie, you return all cash/phone, they do the same.

However, its important to note, that, depending on the contract, the company could have excluded some of the terms implied by the Sale of Goods Act, although this would be subject to S5 of the Unfair Terms in Consumer Contracts Regulations 1999.

If you have more questions, post away and I'll do my best to answer them.

Tilda
 

Users who are viewing this thread

Top Bottom