Miss selling of contract with Carphone Warehouse

[salrobhen]

I visited my local Carphone Warehouse store last year , as the Talk mobile capped contract that I had taken out 12 months before was coming to an end and I needed to replace. I asked for a capped contract again as I explained to them it was for my son and I didn't want any large bills! I said budget was £15 -£20 a month.

 

They suggested a contract with EE at £15.99 a month - at no time did they say that they do not do capped contracts anymore. They worded it as 2,000 mins, so many texts and data capped. My son was with me and he remembers that I kept saying it had to be capped to avoid a large bill. I then checked my bank account on line one morning to find that EE were taking £1044 out, I went to the bank and stopped the payment immediately thinking they had made a mistake.

 

However , when I rang EE they informed me that we had used 4,100 mins instead of the 2,000 included in our contract. I said there must be a mistake as I had asked for a capped contract, EE said that Carphone Warehouse were renowned for miss selling and to get in touch with them. I know many will say why did my son use that much, but he thought he was within usage as he knew from his previous contract that he would not be able to use it after he had used his allowance.

 

I have contacted CW on numerous occasions in person at the store and by email to their complaints dept, they have both said that it is my word against theirs, the complaints dept have asked the store to get in touch with me to try and resolve this matter , but I have had no contact from them whatsoever.

 

I have contacted EE on several occasions to pay my usual monthly fee and explain that I was trying to get CW to admit what had been done , EE advised me to increase my tariff to unlimited when I said I couldn't pay the bill, to avoid it happening again, I now pay £21 a month , but they do not alow us to make calls, only receive incoming calls. so I am now paying for unlimited calls but cant use them! Now EE are threatening to hand the debt over to a collections agency.

 

I am at my wits end now and don't know what to do next, the only advice I have had of a friend who is a solicitor, but am not sure if it will help.

 

Any advice would be much appreciated.

Edited June 16, 2016 by Andyorch
Paras

[fkofilee]

Time to escalate...

 

StapleG@cpwplc.com - MD of CPW (Carphone part of Dixons)

 

Oh and welcome to CAG

[salrobhen]

Hi , I have emailed complaints at CW today, but no reply, should I email t

he address above next?

[fkofilee]

Yes, Escalate it to the MD of CPW.

State that you are unhappy etc

[salrobhen]

Will do , thanks. Will let you know how I get on.

[salrobhen]

Hi, i have had a response by email which states;

I have been provided with an update from our Retail Team regarding your complaint and I have included the findings below.

 

You signed into an agreement through ourselves on the EE network on 16th August 2015. I am led to believe the conversation that took place at point of sale was that your data is capped, however your minutes and text are not. You were informed that you can track your usage using the app provided by the network.

I have been unable to find any evidence which suggests you were mis-sold the contract in question.

 

I have reviewed your complaint as a whole and would like to apologise for your experience and that you were not contacted by our Retail Team previously, I would like to offer you a gesture of goodwill of two months line rental £33.98 for any shortfalls in service you may have received.

 

I can send this amount to you via cheque or process a card refund for you. Please let me know which option is best for you.

 

I am at a loss at to what to do now , it is my word against theirs, as they have said to me. However, why on earth if i went in and asked for a capped contract, which apparently they do not do, why didnt they just say that. Obviously i wouldnt have taken out a contract then and would have put my son on PAYG. As for them sayiing they explained about an app to check usage , i havent got a clue what they are talking about.

EE have now handed the debt over to a debt collections agency, i have contacted them explaining that i am in dispute with CW they said they will speak to EE. I have contacted EE to make my monthly contract fee, but they wont take the payment off me now, so obviously i will soon be in breach of contract as well.

Any advice would be appreciated before i reply to CW, many thanks.

[hightail]

Ask if they've actually spoken to the member of staff you dealt with? Do they still work in the same store? Do they still work for the company? You distinctly remember the one contract you took out and they're claiming the staff member has the same level of memory from so long ago among the many customers they deal with. That's not likely.

[salrobhen]

Have had this back fromCW.

 

"Thank you for your email.

 

I understand how you feel however I can assure you that a full investigation has taken place and we have taken the appropriate action. I am unable to disclose the details of the investigation as we have a duty to protect the employees confidentiality.

 

Based on the findings of the investigation I am unable to find any evidence which would suggest that you were mis-sold the contract.

 

I understand that you may have experienced shortfalls in service from the Carphone Warehouse for which I am happy to provide a gesture of goodwill of £33.98 which I can send as a cheque or if you call me on 01772 375799 I can process a card refund. "

 

Personally, istill dont understand how they can do an investigation, when, there is no paper trail and it was mainly verbal discussion regarding the contract. I cant see what else i can do now, looks like i will have to pay EE the £1044 for the extra 2,000 mins although i stll think that that is an extortionate amount when the contract apparently included 2,000 mins + texts+ data for £16.99 a month!

Many thanks for trying to help.

[salrobhen]

Also forgot to ask, as I am not getting anywhere with CW, will have to make an arrangement to pay the debt with the debt recovery firm. Do they normally allow it to be paid in instalments? as I have no way of paying that amount in one go, and if so , what amount do you think they would expect per month? Many thanks

[salrobhen]

Forgot to ask advice about paying the debt, seen as I cant get anywhere with CW. I have to contact the debt collection agency and as I cant make full payment, would like to know what would be an acceptable monthly payment on the amount owing, many thanks