mobile phone upgrade

  gingepaul 17:09 21 Oct 2005

I know this is a little of the PC topic, but i need to vent my spleen about it.
A company phoned the other day claiming to be orange (who i have a contract with), they asked for my date of birth and postcode to apparently verify my identity.
Then the guy asked if i had had my mobile phone (contract) for more than 8 months, so i asked why he was asking if hes from orange, and he claimed it just saved him going into the system.
I told him that my contract is older than 8 months but i wasnt interested in any upgrade at the moment and that was that.
2 days later a mobile phone appears on my doorstep with a letter from "the mobile phone company" telling me that my new contract (18 month contract no less)starts in 7 days.
I have just phoned orange and they claim to have no affiliation with this company, and cannot get involved (but they can see on their system that my contract has been altered and if i dont return the phone to this company within 7 days it will come into effect).
Now this is obviously a con and this company employee (or the company itself) has tricked me into giving out details under the false pretense they were from orange and simply verifying them, what i need to know is how do i go about this situation? I know i can just send it off and pay the postage and have done with it, but thats not the point, I have not asked for this product, nor the contract and do not feel like i should have to do or PAY anything.
Has this happened to anyone else and what have you done to resolve it?

  sharkfin 18:18 21 Oct 2005

Hi, I got the same call last week. A man called me and said that he was from 3G and was enquiring about some fantastic upgrade offer. I was assuming it was legit as I wounldn't have thought anyone else would have my number but then I heard children shouting and playing in the background and immediately knew that this was someone working from home and alarm bells started ringing. He asked how long I had the contract for and although I had about 4 months left, I said it was new and had 9 months left. He said he will call back sooner that time.

  Forum Editor 18:30 21 Oct 2005

is that it's nothing to do with Orange, so we can rule them out of the equation.

If you are sure that you didn't consent to anything during your conversation with the caller you certainly have no obligation to accept a phone, or make any payments to these people. If you have a postal address I suggest that you send a letter by special delivery (not recorded delivery), telling them:-

1. That you have received a phone, and that as you didn't order it you are treating it as 'unsolicited goods'. Tell them that unless they make arrangements for the phone to be collected at their expense within seven days you will retain it as an unconditional gift under the terms and conditions of the Unsolicited Goods and Services Act 1971, (as amended).

2. Say that you did not consent to enter into a contract for mobile phone services with the company, and that you did not consent to them contacting Orange regarding your account. Say that you have no intention of making any payment to them in respect of mobile phone services now, or at any time in the future.

3. Say that you intend to report their conduct to the Trading standards office.

Finally, state that the above (by which you mean everything you have written) is without prejudice, and that you reserve your rights in the matter.

You'll also need to sort out the matter of your contract with Orange - you'll need to make sure that they realise you were tricked into this situation, and that you have not consented to any changes in your contract with them.

  ayrmail 19:03 21 Oct 2005

Since you are dispensing some very good advice what would gingepaul have had to have said over the phone to make it a binding contract or would you have to sign something for it to be binding.

  Jackcoms 21:18 21 Oct 2005

There is one golden rule I always follow if I receive unsolicited calls such as these - even if they are genuinely from a 'kosher' company.

I say "No thanks" and put the 'phone down.

  Forum Editor 08:44 22 Oct 2005

A contract does not have to be written down in order for it to be binding, although most of us are used to seeing written agreements.

For a contract to exist there must be what is called 'privity', that is, both parties to the contract must be involved. It's not necessary for the parties to be present in the same room, they may create the contract in writing by post (as in the case of a mail order contract), or online (as when you buy something from an online supplier), or verbally, over the phone.

Both parties to a contract must 'desire' it, but it's extremely difficult to subsequently prove that one party did not do so - especially when nobody else was present. Some companies who enter into verbal contracts record the calls, so they have evidence that the other party desired the contract. Increasingly (and certainly in America) companies are ensuring that they have what is called 'verifiable approval' of a contract. This involves making a digital copy of the call, and archiving it for future reference. The customer may request a copy of this verifiable approval, so both parties have an exact copy of the contract creation process.

  jimmybond 11:26 22 Oct 2005

just wondering what would have happened (or how you'd stand) if you'd gone on a two week holiday the day after the phone call.

  gingepaul 17:49 22 Oct 2005

thanks for the advise, ill send them a letter to them following the above advise, and request a copy of the phone call (if there is one).
I'l keep this thread updated

  slowhand_1000 20:13 22 Oct 2005

Whenever I get any cold calls I tell them that I do not purchase from telesales as if I want anything I will go looking for it. I add that if they wish they can send details in the post. If they ask me for my postal address I just tell them that if they don't have my address details then they can't send me anything then.

It seems to work everytime and I don't have to listen to their sales patter.

  Stuartli 20:25 22 Oct 2005

Why not register with the Telephone Preference Service which stops the vast bulk of cold calls?

click here

Unfortunately it will not stop overseas calls which are becoming more and more frequent.

  rdave13 21:01 22 Oct 2005


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