Carphone Warehouse - contract sign up issue

[aloofy]

My partner had a mobile contract with O2 through the cpw. In Nov 2009 he received a telephone call from cpw asking him if he wanted to upgrade. My partner told the guy that he did not want to agree to anything over the phone as he wanted to check out the phones availabe etc before getting tied into a contract. He asked the guy to put any details in the post for him to consider. We did not receive any details until Feb 2010 when a cheque for £50 arrived. We took it in to our Local cpw branch and they advised us the cheque was part of the offer my partner had signed up to in Nov. The shop assitant told us that he was now on a 24mth contract for less mins and texts than he had previoulsy had and without a new handset. The shop assistant gave me the name of the person who had completed the upgrade and we wrote a letter of complaint. We received a phone call saying that they had listened to the recording of the phone call and they are satisfied that my partner did agree to the upgrade although we know for certain he did not. Time has gone by and wil alot of other things going on we are only know getting around to dealing with this again.... So I have written a letter and enclosed a £10 cheque requesting a copy of the phone call. But in the meantime I would appreciate any advice as to what should be the next step should they not provide the recording or if they do and its clearly shows that we did not agree then what do we do then?

[silverfox1961]

Hi,

They have admitted that a recording exists (albeit in a phone call) and as such should supply a copy of it. It's a case of wait and see what comes back

[aloofy]

okay so the 40days is up - no response from CPW - slight hitch is though that I have misplaced the receipt for the recoreded deilvery (doh!) What should I do now?

[watchinginvestigation2011]

Have they cashed your 10.00 cheque?

 

If yes you can take that as them accepting your request and send a chasing letter.

 

If no you have to contact them, see if they have a record of your request and if they say no, then you may unless you find the recorded slip, you may have to resend it if they insist they have not received it.

 

You never know they might just say yes we have receved it, but the cheque is the best method of confirming it got there.

[watchinginvestigation2011]

If they cant find the recording of the call with you saying yes I want this new offer then they cant enforce it.

 

It would help you if in future you recorded calls, even if dont have digital device or machine such as true call, you can use a mobile handset, click on entertainment bit, find record sound and hold it to the ear peice, often my kids would be on the extnesion with a mobile, recording and boy they do come in handy if messed around or receive sales calls and you need to sign up or agree a recording saves hastle when they insist you did something you did not etc.....

 

So if ring them to confirm did they get your request, try to record the call

[locutus]

Yeah, the date they cached the cheque will help ya here.

Now, you need to be seen to be going out of your way to resolve this incase you have to escalate the complaint further. Write to CPW giving them 7 days to fulfil your Subject Access Request as they are past 40 days, or you will complaint to the Information Commisioners Office.

Also, Write to o2, tell them you have not agreed to this contract, and although Carphone Warehouse state they have recorded you / your partner agreeing to a new minimum term, they have not provided a copy of this recording as you are entitled to, and they are now in breach of the Data Protection Act. Ask them to look into resolving this complaint for you, and if they can't resolve it, to allow you to escalate the complaint to Otelo by giving you a DEADLOCK letter.

 

Now, is the bill for this still being paid and kept up to date? If not it can seriously effect your credit file!

[aloofy]

okay thanks guys will check statements and keep you posted

[aloofy]

CPW cashed the cheque on 17th March 2011 - so on to the next step now.

[aloofy]

bill has been paid on time all along.

[locutus]

Good Have you reminded them that the clock was ticking for your SAR? Probably a good idea to write to them informing them that they are in breach of the data protection act.

 

Have you had any communication with o2?

[aloofy]

just written the letter reminding them that the SAR is overdue and will send recorded delivery in the morning (and keep the receipt safe).

 

Hadn't really thought of contacting O2 until I read your earlier post - any suggestions as to what I should put in a letter to them?

[locutus]

I'd inform them that you are paying your bill under duress as to not ruin your credit file (as you have been for over a year now), explain the situation as you did in your 1st post, and tell them that CPW are in breach of the data protection act having not sent personal information you requested over 40 days ago. Tell them you feel they are profiting from a fraud, as the contract was declined, and you would like their assistance in bringing this matter to conclusion. (tell them exactly what position you wish to be in, don't be unreasonable. If you wish them to end the minimum term and allow you to chose another provider, or upgrade immediately to a new phone if that is what you desire, just add that as the last paragraph of your letter)

 

Keep things in writing. It's easy for them to lie, or be deceptive over the phone as you have found out.

 

You could always email a copy to the CEO matthew.key@o2.co.uk

[aloofy]

ok so after a very apologetic phone call from CPW saying that they mistakenly credited the account with the £10 SAR fee, today I received the recording. On listening to the CD it immediately becomes apparant that the recording is of another customer, Mr W who is with Orange through the Carphone Warehouse!!! At the end of the conversation Mr W gives his full name and address and Telephone Number!!!!! Think the CPW may have made a boo boo!!!

 

Gonna send it back recorded delivery. Do you think I should tell them that I will be letting Mr W know what has happened (even if I have no intention of doing so!!) Gets me thinking that when we were told previously that they had listened to the conversation and were happy that we had agreed to the contract that they had listened to the wrong conversation!

Edited May 19, 2011 by silverfox1961
edited a name out

[silverfox1961]

Hi

DON'T send it back. Inform CPW of their error and contact the other gentleman and tell him of his right of complaint.

 

I am also going to remove his name from your post

[Human Writes]

ok so after a very apologetic phone call from CPW saying that they mistakenly credited the account with the £10 SAR fee, today I received the recording. On listening to the CD it immediately becomes apparant that the recording is of another customer, Mr W who is with Orange through the Carphone Warehouse!!! At the end of the conversation Mr W gives his full name and address and Telephone Number!!!!! Think the CPW may have made a boo boo!!!

 

Gonna send it back recorded delivery. Do you think I should tell them that I will be letting Mr W know what has happened (even if I have no intention of doing so!!) Gets me thinking that when we were told previously that they had listened to the conversation and were happy that we had agreed to the contract that they had listened to the wrong conversation!

 

Complain to the Information Comissioners Office about this.

[locutus]

I'd contact the other customer, let him know what has been sent to you, and ask if he's recieved your information by mistake.

 

This blunder is totally unacceptable and you should follow Human Rights advice. here is the ICO's contact details.