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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I went into a car phone warehouse on Saturday and was sold

Resolved Question:

I went into a car phone warehouse on Saturday and was sold a mobile phone for vodaphone (new customer) During the sales pitch the salesman had 3 opportunities to warn me that there was no 14 day cooling off for this provider - once when he was giving me the details of the account, once when advising me I needed to get a PAC code from my current supplier, and again before finalising the agreement.
When he handed me the contract he remarked that all contracts are in small print but I could always read it in more detail when I got home. At this stage I thought I had a 14 day cooling off period, and started reading both the vodaphone contract and the carphone warehouse one.
I decided that the contract with vodaphone was not good as it kept making it clear that they could change things at will, so decided to remain with O2.
When I tried to end the contract I was made aware that when you go in store to carphone warehouse and take out a contract with vodaphone there is no 14 day cooling off period and I am stuck with a 24 month contract with a provided I will not use - this amounts to £17.00 per month.
I have spoken at length to the manager in store and in their main office, and all they say is it's the customers responsibility to know! Surely it is the responsibility of the vendor to ensure all information is given to ensure the sale is valid?? I feel this sale was dishonest, and I want a refund, but they are adamant they do not have to.
There is nothing in the store to indicate this lack of 14 day cooling off period.
They are going to speak to the employee tomorrow and will get back to me but it's pretty clear they are not going to help. What can I do now? I can't afford that amount of money to go to waste.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you
What is it you want to achieve? Was it ever suggested you had any cooling off period?
Customer: replied 1 year ago.

I don't want the service, I want to cancel the agreement and stop the direct debit, which they say the cannot do.

No, the lack of cooling off period was never mentioned when I was in the store but today when I was in another member of staff made it really clear to their customer, and that was before I was talking to them about this issue, so it's clearly something that some of their staff do, but not all.

It's this expectation that a customer should somehow know this information that is so frustrating - if they don't have the information displayed in store how are we supposed to know. I specifically went into a store for advice and guidance.......and they failed.

Expert:  Ash replied 1 year ago.
You need to write and ask that they cancel the agreement in writing within 14 days or say you will go to Court.
If they refuse then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.


I will do that, and make sure everyone I know is aware of my experience with them..................hopefully they will see sense..........

Even yesterday when I went back into the store they still disagreed that they needed to have the information clearly available as there is none in the store, and continually said there was nothing they could do even if their staff member had been at fault......!!.

However, when I stayed and argued my point loudly, making them feel awkward in front of other customers they said they would "see what they could do for me" and will get back to me today. However, I doubt it will be anything of use to me as I no longer want to have anything to do with them or vodaphone ever again.

Expert:  Ash replied 1 year ago.
Indeed, good luck with this.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much, now resolved!

Carphone Warehouse complaints dept phoned me this morning but were as intransigent as ever, so told them I would see them in court, and make sure the media was aware of their attitude - I decided to contact Vodaphone again.

Vodaphone were unaware of this Carphone Warehouse practice, and as my contract is really with them they were happy to cancel and made it clear to me that they were not part of this deception.

I then had a call at home from Carphone Warehouse to acknowledge that I was upset, and that as an "act of good faith" they would cancel the contract. My husband took the call and informed them that Vodaphone had already done it and were surprised that the CPW had this 'law' on Vodaphone contracts.

Hopefully I have done CPW some damage!

I appreciate in the great scheme of things my problem isn't a major one, but I was getting so stressed as I couldn't see a way out of it.

Thanks again for the advice Smile


Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


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