UK. Can anyone inform me as to my consumer rights referencing the law please?
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Ok serious question here. Hopefully someone with background knowledge in law or contractual agreements can help me with an answer.
My problem is on April 6th 2007 I signed a phone contract with vodafone via phones4u.
A representative who no longer works for phones4u (unsuprisingly) offered me what seemed like an unbelievable deal so I signed up for an 18 month contract.
Unfortunately the deal is unbelieveable and is now a matter of misrepresentation, exploitation of consumer rights, staff not meeting their contractual obligations.
I believe I am within my rights to expect the representatives to provide their service with reasonable care and skill which hasn’t taken place with regards to this contract. I believe it is a criminal offence for traders to say something untrue about goods or services as the representative working on behalf of Vodafone at phones4u has also done in this case.
The contract proposed to me was mis described as doesn’t conform with the contract.
I have consulted the consumer rights bureau already. I’m looking to reference what the law actually states in corespondance. Any help much apprecited. Any pointless answers will be removed.
June 3rd, 2010 at 6:31 am
Reading between the lines, I think the deal you were offered verbally is different to the one you signed up to.
What you want to enforce is the verbal agreement, not the written one – am I right?
Assuming the written agreement is in standard form, a two things will flow:
1. It almost certainly has a ‘no verbal representation’ clause;
2. It almost certainly has a ‘whole agreement’ clause
You can read and check these for yourself.
If so, then you have agreed, by signing the contract, that :
(a) the writen contract supercedes any verbal warranties or representations,
(b) that you have not been induced by any verbal promise to enter into the contract and
(c) the written document represents the entirety of the agreement between you and the phone company.
On a slightly more leagalistic note, the parol evidence rule generally excludes oral evidence to contradict the terms of a written contract.
If the contract was entered into on the ‘phone, then it will have been recorded and you could ask for the tape.
These agreements are normally drafted to exclude the things said by the reps hungry for commisison.
If (unusually) the agreement contains none of these clauses, then it’s all up for grabs as to whatw as agreed. But I’d be very very surprised if I’m wrong about the terms.
If I’m right, legally, you haven’t a leg to stand on.
Now – I agree with your instinctive reaction that it’s not fair and shouldn’t be allowed etc. etc. But the law regarding disputes concerning standard form terms and conditions is well-established and it’s exactly as set out above.
Sorry if this is not what you wanted to read, but at least it’s accurate.
June 3rd, 2010 at 6:31 am
Consumer rights in UK – try this site http://www.direct.gov.uk
once there click on "Consumer rights"…
The Consumer Direct website gives help and advice for consumers in Great Britain. There is advice on topics such as holidays, buying electrical appliances and using estate agents; information on particular situations or issues like buying on credit, counterfeit goods and doorstep selling; and practical help with how to complain.
Good luck – remember – you’ve got rights!
June 3rd, 2010 at 6:31 am
Gather as much documentary evidence as you can, ie, receipts, contracts etc and take them to your local Trading Standards office.
Talk to them about it, they will be able to tell you if you have a case or not.
June 3rd, 2010 at 6:31 am
If you have signed a contract with the details of the service and the costs to you, you have entered into a legally binding agreement with Vodafone, whereby they will provide you with a service, for which you will pay an agreed amount. You are within your rights to insist that they provide the service offered or you can sue them for breach of contract if they refuse.
The only two pieces of evidence you need are a copy of the written contract with the terms of what Vodafone will provide in return for how much you are to pay and a bill dated after the start of the contract, showing that they have not provided what they said they would. As with any legal dealings, written evidence is king.
I hope this helps and good luck.
June 3rd, 2010 at 6:31 am
Putting it simply, the problem is you won’t be able to prove what the representative said, unless it was on the phone and it was recorded.
When you sign a contract you’re agreeing to the terms of the contract you sign, I’m afraid. If it isn’t what you expect, you don’t sign it, that’s why it’s important to check what you sign!
This isn’t what you want, I suspect, but nevertheless is fact.