HELP!.... basically earlier this year i purchased a mobile phone contract from car phone warehouse for a friend under the circumstances that the contract could later be changed into my friends name when hes bank account had finished being set up and it would have nothing to do with myself. The staff member serving me confirmed that this could be done and she even double checked with the manager of the store who confirmed it would not be a problem. So i took out the contract under those circumstances and those circumstances only. Once my friends bank account got set up we phoned to try and change the contract into his name and 02 said it was impossible and they have not been changing contract holders names for over 3 years i was furious so i changed all other details ie address and bank account and then 02 told me that car phone warehouse miss sold me the contract and they were liable to cancel it basically its a really long story but below is the letter with all details of the incident that i sent to car phone warehouse............ please read and any help would be amazing.
To Whom it may concern
On Friday the 2nd of January 2009, I entered Carphone warehouse with Mr Wilson. I spoke to Kelly Crossley a sales assistant (if I remember correctly she was also new to your staff), about setting up a contract for Mr Wilson in my name as his bank account was not yet set up. I asked Miss Crossley if I set up the contract in my name for the time being all details of the account could be changed into Mr Wilson鈥檚 name, including the contract itself. She then confirmed this with the branch manager. Both staff members said yes, so I agreed to set up the contract on that condition only.
The first bill was due around the 19th of January, but Mr Wilson did not receive his bank account details through the post until around the 14th of January. Both Mr Wilson and myself then called O2 from the mobile phone on the 17th of January and asked the staff member to change the details into his name. We were then told that it was impossible and O2 did not transfer contracts. After asking a lot of questions and making it very clear I was missold the contract, O2 then told me that the only thing they could do now the contract was set up, was to change all other details i.e. The address of the account and the bank details into Mr Wilson鈥檚 name. so we did this for the time being. After seeking some advice I then called again on Saturday the 24th of January and found out that Mr Wilson had cancelled his direct debit. I tried once again to move the account into his name but with no joy鈥?so my next step was to try and cancel the contract itself. O2 informed me that the only way I could do so was to pay a lump sum of all payments for the 拢45 a month 18month contract, as this of course was impossible for myself to afford, I once again left with no problems solved. I then tried again on the 4th of February with no joy. And since the 6th of February Mr Wilson has been no longer available to reach. After many attempts to reach Mr Wilson, I called O2 again on the 17th of February. And was finally helped by a staff member called Jay (extension number available upon request). She told me that I had been dealing with the wrong company and as Carphone warehouse missold me the contract, it is therefore void and they themselves are liable to cancel the contract. I then went into Carphone warehouse on the 21st of February and have been dealing with yourself ever since. On that day I explained the problem to your staff and once again was misinformed that I could change the account holders name from mine to Mr Wilson鈥檚 - I told them I had spoken to O2 and they had told me I couldn鈥檛 change the account holders name. So you then called O2 directly to confirm this information and were told that O2 do not change the account holder and these terms have been in action for the past 3 years. Please know that the contract was NOT taken out with the intention of myself being liable for Mr Wilson for the next 18months, your staff made the sale on the bases alone that it could be transferred into his name, otherwise I would not have signed anything. Therefore the contract was sold under false pretences and is, as was indicated by Kelly Crossley, null and void. This is now the responsibility of Carphone warehouse to terminate the contract. Failure to do so will leave me with no choice but the refer the matter to the regulator. I do not wish to have bad credit rating due to your staff not knowing the terms and conditions of the contracts being sold in your store. I keenly await conformation of the termination of the contract.LEGAL ADVICE OR ANY ADVICE REGARDING CAR PHONE WAREHOUSE? HELP!!!! MISS SOLD A CONTRACT WHAT ARE MY RIGHTS?
Your dispute is with Carphone Warehouse, not O2. You made it clear to them what your requirements were and they misled you into entering into a contract. Clearly you have done the right thing in writing to them in detail but, equally clearly, it is difficult to comment further until you have a reply to the letter you have sent to them. All I would have done, additional to what you have said, it to have put a time limit on the reply. I also assume that the letter was sent to the head office, not to the shop. If my assumption is incorrect, then resend it (recorded delivery). If you don't get a satisfactory answer report it to the regulator and also to your local Trading Standards Dept.LEGAL ADVICE OR ANY ADVICE REGARDING CAR PHONE WAREHOUSE? HELP!!!! MISS SOLD A CONTRACT WHAT ARE MY RIGHTS?
You co-signed for Mr Wilson, who apparently has defaulted and left you with the debt.
sounds like you signed your name to a CONTRACT and regret it now...life long lesson learned hear....to me the whole can i change this to my friends name is stupid....why didnt you just let youe friend wait a couple of weeks to get a phone....and i never heard of needing a bank account to get a phone so it just sounds weird to me...fact is no matter what you say you were told...because the contract is what is valid!
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