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Mis-sold upgrade??
Montasura
30-01-2012
I'm looking for some advice on a potential upgrade disaster.

Basically my ex has phoned me in a right state. She is with Vodafone and knew she was due an upgrade shortly. She got a call today from "The Upgrade Exchange on behalf of Vodafone" who somehow managed to talk her into a ridiculously expensive deal for an HTC Sensation.

Anyhow, she realised afterwards that the call showed up as "unknown" and got suspicious. She then rang Vodafone who confirmed that it was not them and that she is not due an upgrade for another 2 week.

So she has agreed to this new phone and contract, phone due to arrive within the week, has no contact details etc., and is now in a right panic and doesn't know what to do.

She is adamant that she did not have to disclose any details other than the first line of her address. She gave no bank details etc. which does make me curious. Surely this company would have to take control of her mobile account etc.

Anyway, does anyone have any advice? I've told her to keep a look out for any new direct debits being set up and cancel them immediately. Other than that I had no idea what to tell her?
microbar
30-01-2012
Originally Posted by Montasura:
“I'm looking for some advice on a potential upgrade disaster.

Basically my ex has phoned me in a right state. She is with Vodafone and knew she was due an upgrade shortly. She got a call today from "The Upgrade Exchange on behalf of Vodafone" who somehow managed to talk her into a ridiculously expensive deal for an HTC Sensation.

Anyhow, she realised afterwards that the call showed up as "unknown" and got suspicious. She then rang Vodafone who confirmed that it was not them and that she is not due an upgrade for another 2 week.

So she has agreed to this new phone and contract, phone due to arrive within the week, has no contact details etc., and is now in a right panic and doesn't know what to do.

She is adamant that she did not have to disclose any details other than the first line of her address. She gave no bank details etc. which does make me curious. Surely this company would have to take control of her mobile account etc.

Anyway, does anyone have any advice? I've told her to keep a look out for any new direct debits being set up and cancel them immediately. Other than that I had no idea what to tell her?”

You have a cooling off peroid for all distance selling IE ordering goods over the phone. I would contact your bank ASAP and explain you have been scamed by this bogus company who claimed they were your mobile provider.Your bank should cancel the direct debit.Also report the company to trading standards if they knowingly tricked you into the deal. The law is on your side.
Montasura
31-01-2012
Originally Posted by microbar:
“You have a cooling off peroid for all distance selling IE ordering goods over the phone. I would contact your bank ASAP and explain you have been scamed by this bogus company who claimed they were your mobile provider.Your bank should cancel the direct debit.Also report the company to trading standards if they knowingly tricked you into the deal. The law is on your side.”

Thanks, the problem here is that she has absolutely no deatails about this company. No name, no number, no address, nothing. They have said that the phone will be with her within a week so unless the paperwork will be with the phone. Do the distance selling dates apply from date of order or date of receipt of goods?
artnada
31-01-2012
Originally Posted by Montasura:
“Thanks, the problem here is that she has absolutely no deatails about this company. No name, no number, no address, nothing. They have said that the phone will be with her within a week so unless the paperwork will be with the phone. Do the distance selling dates apply from date of order or date of receipt of goods?”

And she agreed to a contract with this "company"?

Seriously mate. You need to slap her round the face with a wet kipper!!!

Why ANYONE would agree to something like this when they know jack about who's calling them, is beyond me?
Montasura
31-01-2012
Originally Posted by artnada:
“And she agreed to a contract with this "company"?

Seriously mate. You need to slap her round the face with a wet kipper!!!

Why ANYONE would agree to something like this when they know jack about who's calling them, is beyond me? ”

They said they were representing vodafone with regard to her upgrade so as far as she knew she was arranging a normal upgrade with voda. To make matters worse she broke her phone a month or so ago and has been making do with an ancient ericsson so she has been counting the days to her upgrade.
tdenson
31-01-2012
Originally Posted by Montasura:
“They said they were representing vodafone with regard to her upgrade so as far as she knew she was arranging a normal upgrade with voda. To make matters worse she broke her phone a month or so ago and has been making do with an ancient ericsson so she has been counting the days to her upgrade.”

I sympathise. It is very easy to be beguiled by these sorts of calls. I often get calls e.g. from people claiming to be calling on behalf of BT. I always say do you actually work for BT and invariably they say no, at which point you know it's some 3rd party chancing it.
Montasura
31-01-2012
Thankfully she managed to wriggle out of it. Turns out it was some affiliate company of Carphone Warehouse. They rang her this morning to confirm delivery and she told them to do one!!

Thanks to all for the advice.
microbar
31-01-2012
Originally Posted by Montasura:
“Thanks, the problem here is that she has absolutely no deatails about this company. No name, no number, no address, nothing. They have said that the phone will be with her within a week so unless the paperwork will be with the phone. Do the distance selling dates apply from date of order or date of receipt of goods?”

Date of received goods.
Even if you have told them to do one
there is a chance they still send the phone to you.
You are then entitled to return the phone unopend.
Note do not attempt to open the seal on the phone.
The paperwork will be outside of the phone just remember to return recorded signed for with applicable insurance value.
This is your right in law to return all goods under the distant selling act. But you must not open the phone IE brake the seal.
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