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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to think they have breached the contract.

11 replies

dontquotem3 · 05/11/2012 09:37

Posted in legal but no response. Any advice appreciated.

My old phone contract was due for renewal. I decided to upgrade after receiving a call from my provider (which I recorded) in April. One of the things I was offered was unlimited landline calls and a monthly discount on the line rental for the duration of my 24 month contract.I agreed. Since April there has only been one occasion where my bill has come in at the right cost, and after having gone through my bills, I have found that I have been charged for landline calls amongst other things. I really do not want to continue this contract with this company, they have had plenty of money out of me over the years. Is the law on my side? Have they breached the contract?

OP posts:
mrskeithrichards · 05/11/2012 09:39

Did you get a paper copy of the agreement to look over?

Brycie · 05/11/2012 09:40

You need to have a phone call with them and demand refunds, and tell them you will be sending an email with all the details and will require a refund within a week. Ask for an acknowledgment email immediately. Be careful about cancelling any direct debits etc without telling them as your credit rating may be affecting. Call them at once and ask them to call you back at once so that you are not paying for the call. Demand a refund and when they offer it, ask them to send you an email confirming it WITHOUT PUTTING THE PHONE DOWN - ask them to send the email while you are on the phone and can check it.

Bessie123 · 05/11/2012 09:44

Without having all the relevant information, it sounds like they have either breached the contract or fraudulently misrepresented the situation wrt ongoing discounts and landline calls. You will need to look through any paperwork you have and check to see if you were given notice that the charging structure was changing (and given the opportunity to end the contract as a result).

dontquotem3 · 05/11/2012 10:10

Thank you for responding so quickly. Wrt the unlimited landline minutes, after speaking with provider, they said that I had no such "product" with my contract. It was only when I said that I had recorded the call (when I upgraded), I was told that I would need to go in store, have a manager there listen to recording and go from there.

OP posts:
dontquotem3 · 05/11/2012 10:24

Just searching through my email. No renewal contract in sight. Frig!

OP posts:
Bessie123 · 05/11/2012 10:35

It's not necessarily a problem that you don't have a new paper contract. The important thing is that you were induced to stay with your current provider on the strength of what you were offered on the call you recorded.

ajandjjmum · 05/11/2012 10:41

We had a nightmare with Carphone Warehouse when they denied saying what they had said. Sadly I wasn't switched on enough to record the conversation! We had literally two years of arguing, with me saying please take me to court, wads of paperwork, debt collectors phoning etc. They had another go a few months ago, and received the same response from me.

I did actually cancel the direct debit after 3/4 months when they clearly weren't giving me the package they had offered, and I did have a forest full of correspondence to them to back up my argument. I didn't have a new contract from them either.

Never ever will I step foot in Carphone Warehouse again, although I suspect they're all much of a muchness!

Hope you get it sorted - you'll need to be hard! Grin

dontquotem3 · 05/11/2012 10:47

Found the renewal contract. It does not state anywhere that I am to receive a discount for the duration, nor does it mention anything about my unlimited landline mins.

OP posts:
Bessie123 · 05/11/2012 10:51

I think you're in a strong position as a consumer with the recording

dontquotem3 · 05/11/2012 12:30

Thanks guys. Going to provider store. Will update.

OP posts:
JazzyTheSnowman · 05/11/2012 12:35

I hate CW. They screwed me over at aged 18, and even though I had my mother there we could do absolutely nothing. Never going there again.

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