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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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a telephone company is trying to get me to pay for something

Resolved Question:

a telephone company is trying to get me to pay for something I haven't had even getting dept agency after me I took out contract for sim card which they sent too small even though I told them it was for an old phone so while I was in grantham i called to ee shop to explain problem they gave me a card to fit said it would work within 24 hours but it didn't have been back to shop they said it not there problem but customer services so contacted customer services they said it was shop responsibility have phoned customer services 3 times to sort out problem twice they hung up on me once i got through to a manager who said he would look into sorting it out and phone me back within 24 hours which he didn't as I needed phone phone to get work I took a contract out with o2 with no problems at all short of sending them a bomb and blowing them all to hell I don't know what to do please advise
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you saying that a Sim Card that you purchased did not work? How much money are they saying you owe them?

Customer:

£41 but have to continue paying contract

taratill :

So £41 per month for something that does not work?

Customer:

no 41 up till now but 15 pounds month

taratill :

Ok so how long ago did you enter into the contract and how long after doing so did you inform the retailer that the sim was faulty? Have they offered a replacement?

Customer:

when I went back to shop they said it was customer services problem customer services said it was shop problem so no havent been offered new sim and don't want one now

taratill :

Ok but how long ago was this?

Customer:

3 months

taratill :

Ok you need to write to the retailer rather than the manufacturer and say that you are rejecting the sim as it is faulty and that your rights Under the Sale of Goods Act is with the retailer rather than the manufacturer. You should take the letter with you and say that you want the contract cancelled as you are exercising your rights under the Act. They may say that you are out of time as normally this should be done in the first couple of weeks after you discover the sim is faulty but you can say that this is their fault as they have attempted to transfer the responsibility to the manufacturer. You should also contact Trading standards to inform them of the issue and the telecommunications ombudsman http://www.ombudsman-services.org/communications.html.

taratill :

You should say that if they insist on taking you to court you will defend it.

taratill :

Hopefully this will lead them to stop bothering you.

taratill :

If you have any further queries about this please do let me know.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

thankyou I will try your sugestions hopefully sort out this problem

taratill :

No problem all the best with it and please do take the time to rate my answer. Do come back to me in the future if you need to.

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