Mis-sold a phone - help!

Vixen

Vixen

Vixen

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I got a new phone last week which I really hate and I don't know what to do. I'm only spending £20 a month so obviously can't get a desire or iphone, but the phone I've been given is awful.

I said that I wanted a smart phone and the most important things for me were internet access, being able to add lots of applications and push email. I had the HTC Tattoo in mind, I've heard it's nothing on the other android phones but it seemed good enough for me. The store I went to has stopped selling them and so instead I was told that a Samsung Monte seemed to fit for me.

I got a chance to play with the phone a little in store but it was mostly the sales man pressing buttons to show me things. He didn't put a sim in it so I didn't get to see what the web browser was like - if I had then I don't think I would have said yes!

I was also told that I could download "loads" of apps on my pc and transfer them to the phone. I got home and did some searching and the phone has a specific Samsung OS which no-one makes apps for. Samsung have their own app store but it says my phone is not compatible with it!

I went back with the phone because something wasn't working properly and the guy who sold me it admitted that he didn't actually know anything about Samsungs and whether they did apps :rolleyes:.

I also wasn't told that it would take several days for my contract to change over despite having to use a new sim which was activated within hours. I didn't have an internet allowance before so I've run up some lovely charges just trying to use the phone :(. That's just a niggle but it all adds up.

Do I have grounds for saying that I was mis-sold the phone? I'm thinking about taking it to a different store because I just can't tell the sales guy that he lied to me, he came across as too nice.

Help!
 
Which network is the phone on? Did you buy it from a network shop? I'm pretty sure most operators allow you to cancel the new contract and return the phone within a certain time period for whatever reason you like.
 
It's an upgrade on Orange bought in phones4u. The shop specifically stated that they don't give a cooling off period.
 
Due to you having the chance to play with the phone in store, the cooling off period to return the device is negated as far as im aware. You can try to argue the point, but i suspect you will be told you had the chance to play with it in store so you not liking the phone is not grounds for return.
 
This is why the only time I have quit a job without having another lined up was when I worked for P4U, absolute joke of a company.

You should be able to argue it with customer services, and if they don't play ball, send emails to their high level complaints/director email address.
 
Stellios said:
Due to you having the chance to play with the phone in store, the cooling off period to return the device is negated as far as im aware. You can try to argue the point, but i suspect you will be told you had the chance to play with it in store so you not liking the phone is not grounds for return.
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You should still be able to do an exchange, playing with a phone for a few minutes without it even having a sim in it does not constitute having fully experienced the phone and being happy with it.
 
What about your contract? Does it include a cooling off period? If so use this, cancel the upgrade and as a stipulation it would probably require you to return the phone.

also;
Do I have grounds for saying that I was mis-sold the phone? I'm thinking about taking it to a different store because I just can't tell the sales guy that he lied to me, he came across as too nice.

Help!
Click to expand...
Cut this crap, they are on commission, he was nice to you so that you brought that pos.
 
That's a shame and why I hate buying from shops more and more, if you buy online or over the phone there is a mandatory 14 day cooling off period as you are covered under the DSR, but in store this is down to them.

Personally I would do what you suggested and maybe go to another shop, you could also go to the same shop and speak to the manager of the store to see if you can get it sorted.

If you're still unhappy you could talk to the Citizens Advice Bureau, I was going to suggest that if you're stuck with the contract and phone you could sell the phone and buy a nice second hand Android phone from the bay, but the Monte is really not selling for much. You might be able to sell and get a Tattoo for the same price.

If you do manage to get them to change the phone, you could see if the Samsung Galaxy Portal is available on the tariff you want it's a good little android phone with a small premium over the tattoo but much better specs.
 
I'm hoping that I can return it based on mis representation rather than just a cooling off period. I am fairly sure that Orange don't do any cooling off period on contracts anyway.

EDIT: There's no way that I could have known he was lying about the apps until I got home since I was told I could download them on my pc rather than the phone.
 
try and speak to someone higher up than the store as soon as possible.

phones 4 u are complete and utter scum and everyone in that store will lie through their teeth to you because of the commission they get for ripping people off like this.

cant believe theres no cooling off period though. without it your pretty screwed tbh. especially when dealing with those scum
 
"andy" said:
try and speak to someone higher up than the store as soon as possible.

phones 4 u are complete and utter scum and everyone in that store will lie through their teeth to you because of the commission they get for ripping people off like this.

cant believe theres no cooling off period though. without it your pretty screwed tbh. especially when dealing with those scum
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Technically, no networks offer cooling off periods on upgrades, though you should be able to exchange your phone if you aren't happy (it's just the upgrade itself that you cannot cancel)
 
I don't think there will be much you can do. Sorry to hear that though, the Samsung Monte is dire :(.

I went in to Phones4U to look at a Desire, I asked about the deal I wanted which in turn they couldn't offer, the guy then whipped out his iPhone, and told me to get an iPhone 3GS as they offer by far the best browsing experience of any handheld device.

I laughed at him, and told him to enjoy his dull, over rated and overpriced phone, and informed him I'd be taking my custom elsewhere.

Absolute idiot.
 
If you were missold the phone, go back and demand an exchange. False advertising is against the SOGA as you would expect.

At £20 a month, look at the HTC Wildfire.
 
Thanks for the help. I went into a different store and spoke to a manager who knew so much more about phones. She agreed that the Monte really wasn't what I wanted and swapped it for an X10 mini. They couldn't change the contract at all since it was an upgrade so I was only able to get phones free on up to £20 a month and it seems to be the best.
 
grats on the positive result, not sure about the mini but I'm hoping it's a step up from the monte, though I might be tempted to trade it in for cash at that place. you could get around £140 ish which could pick you up a decent pre owned mobile.

** edit ** having snuck a peek on another well known forum that handles av gear there's shed loads of smartphones up for grabs around the £100-150 mark i.e HTC Magic for £120 incl could be worth a look
 
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No, HTC magic is almost definitely a step backwards. Very slow and best left well alone now there are far better android handsets available.
 
X10 Mini is a good phone!
Its not an iphone, but it's a very good phone for it's price range, much better then I expected.
Uses Android too, so will always have good support!
 
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