on 15-02-2014 09:54
on 15-02-2014 09:54
Hi All,
This is an intro as well as a cry for help!
I'm just coming to the end of my Voda contract, and as I had no incentive to stay with them, I decided to shop around. I then had a call from Aerial a couple of weeks ago, and TBH, the lad that I spoke to was neither pushy or came out with typical sales patter. I asked lots of questions which he answered honestly - I asked for things like a 32G 5s instead of 16, and was it worth going to 5G of data instead of 1G and he explained every reason why I shouldn't. Maybe an honest salesman!!
He gave me time to think about it, and so I looked at all mobile contracts/offers to compare. The deal he offered, whilst only saving me a small amount of money, was better than what Voda were offering and no dearer than what other providers were offereing. He was also offering me O2 which is where I wanted to go. Yesterday, I got a pre arranged call back from him and then went through everything again, and I 'signed on the dotted line' as they say!
I had no reason to worry about this, as my last Voda contract was sold in the same way and I've never had an issue. I say no reason to worry, but as I've signed for O2 now, I thought I'd look at the forum, and now it would appear that I DO have a reason to worry!!!!
I know this was discussed at length in a previous post that has only recently been resolved - I think it was Toby that sorted it - but is there any way that I could get out of this and deal with O2 directly, is it illegal to have no 'cooling off' period, or am I now totally stuck with this lot for the next two years?
Sorry my first post is a negative one, but any advice/help will be gratefully received
Thanks, Nick
on 15-02-2014 11:53
Not sure if I'd be able to cancel anyhow! Just been reading up on cooling off periods, and whilst seven days is law, it looks like because I agreed to the contract over the phone, and they told me from that point it's a contract, I may have waived my rights to cancel!! The only thing in my favour, is that I never received written terms and conditions, although knowing my luck, that won't help
on 15-02-2014 12:12
on 15-02-2014 12:12
Every contract no matter how legally-binding people make it sound, can be cancelled within 7 days after you signed it (pen, verbally or digitally agreed). When I wanted out of a contract, I wrote a letter to give as a copy as well to confirm that I wanted to terminate my contact within the cooling-off period.
I don't know if 7 days is business days or a normal week, although you have to be pretty quick considering the state of the postal system these days. If it was me, I would take up some legal advice. If in their terms and conditions it was not stated or they never provided you with the oppportunity to cancel the contract, then I wouldn't entertain them.
Although I know companies can use verbal or digital-agreements (internet ticked radio buttons or Agree submission buttons) as legal tender now. Definetly seek legal advice or consumer action group based organsiattions to find out if you have a leg to stand on.
15-02-2014 12:20 - edited 15-02-2014 12:25
Look in their 'terms of Use"
The guidelines are there.
“Cooling off period” means a period of time the customer has to disconnect. "
"
6.4 The customer (if consumer) may at their discretion cancel this agreement and the contract within 7 days, known as the cooling off period, if the network does not perform to expectations. The equipment must be returned in original packaging and in the same condition supplied. Any equipment supplied must be returned with all packaging. There is no cooling off period on upgrades or renewals as the customer is deemed to know the network coverage. Business customers also have no cooling off period. AD reserves the right to charge an administration fee of £35 per connection or £50 per connection if the handsets can not be used on the customer’s alternative network provider. i.e. if the customer was to move from O2 to Orange.
"
I wouldn't touch them with a bargepole and i'm not confident their statement of
"There is no cooling off period on upgrades or renewals as the customer is deemed to know the network coverage. Business customers also have no cooling off period. "
What I would check is if you were on a business contract before, as if you were not then they have sold you a service not fit for purpose.
on 15-02-2014 12:22
Thanks for the advice Anticipated. I will seek some guidance on Monday, it all seems very complicated!
15-02-2014 12:26 - edited 15-02-2014 12:29
Thanks for that BOB. As yet, I've not received anything from AD, but it says that business customers have no cooling off period. I know that's correct, and although I'm a consumer, they have put my tariff as a 'Business+' tariff. I think they've been naughty there!
EDIT I've just seen your edited reply. I was not on a Business plan before. I wasn't even on O2, so it's a complete change over.
on 15-02-2014 12:28
@Anonymous wrote:Thanks for that BOB. As yet, I've not received anything from AD, but it says that business customers have no cooling off period. I know that's correct, and although I'm a consumer, they have put my tariff as a 'Business+' tariff. I think they've been naughty there!
May just be the thing you'll need to cancel if you want to
on 15-02-2014 12:35
on 15-02-2014 12:35
on 15-02-2014 12:43
@MI5 wrote:
Which is exactly why I mentioned you should check your tariff as this seems to be their normal practice.
Toby had to get someone else involved recently as Aerial had done the exact same thing to another customer.
It's fine if you want a business tariff but totally inappropriate to a normal consumer.
Thanks again, I will keep trying to get O2 sales to find out for me, but the number porting - if thats whats causing an issue with O2 - doesn't take place until Friday and that's over 7 days! I may contact Toby if I have a problem.
on 15-02-2014 12:45
@Anonymous wrote:
@MI5 wrote:
Which is exactly why I mentioned you should check your tariff as this seems to be their normal practice.
Toby had to get someone else involved recently as Aerial had done the exact same thing to another customer.
It's fine if you want a business tariff but totally inappropriate to a normal consumer.Thanks again, I will keep trying to get O2 sales to find out for me, but the number porting - if thats whats causing an issue with O2 - doesn't take place until Friday and that's over 7 days! I may contact Toby if I have a problem.
I'm sure @Toby will be able to assist if required.
on 15-02-2014 12:51
I hope he can I just hope that I've not made this a storm in a teacup!