Taking Phones4u to Court

K84

New Member
Nov 28, 2011
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Any advice?

Background:

I returned to the country from 5 years in Ireland in July 2011, and went to Phones4u. I asked for a rolling 30 day contract sim-only deal, for both myself and a seperate one for my partner on Vodafone. It was 15.50 a month for 300 minutes and a certain amount of texts, I do not recall exactly. The salesman, 'Lee', told us that we should not take that, and take the 12 month deal for the same price for double the minutes, 600, per month. He said that we could cancel the contract at any time without any charge and that there was no downside in taking this deal over the monthly one and that the monthly deals were useless.

We took out the 2 contracts acting on his advice, but now find in November, wishing to cancel are contracts, Vodafone will not allow us to. We explained the situation to them, and they said we should go back to Phones4U. We both did, and spoke to the person who sold us the contracts, who did not deny anything we had said, who passed us on to Head Office, who would only offer us £20 each off our bills, which is ridiculous because Vodafone want over £100 each for us to cancel our contracts now.

The Store Manager said he couldn't do anything for us and said he did not know why we were told this as to the store there is no difference between a monthly deal and a 12 month deal. He then tried to sell me onto another plan with a handset at a discount, but I made it very clear to him that we did not trust a single word he was saying. We also made sure the people up in Head Office knew that we believed them to be liars and scam-artists.

So, back to the original title, all I can think of doing is paying Vodafone the money, then taking Phones4U to small claims court to recover this amount. I am inexperienced with this so I'm not exactly sure if this is the best or only route to take.

Thanks in advance.
 

trickygj

Moderator
May 31, 2010
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Cheshire
www.richardgjohnson.co.uk
K84

The problem you have is that the terms you were given verbally, which although formed part of the contract as you believed it, were not in written form and therefore would be hard to prove if the salesperson denied it.

Your contract with vodafone was sold to you by Phones4u and Vodafone have done nothing wrong and would be entitled to make a claim against you for breach of contract if you stopped paying as nothing in their written contractual terms would allow you to cancel part way through.

If you make a claim against Phones4u in the small claims you will have to convince the judge that the salesman gave you advice which induced you into taking out an alternative contract. The fact that you were offered some compensation might help your cause in that it indicates Phones4u believe they were at wrong?
 

K84

New Member
Nov 28, 2011
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Thanks for the reply, I was thinking along your lines too. I have the offer from them in writing too.