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This is a copy of a letter I have just posted to Orange which…

Customer Question
This is a copy of...
This is a copy of a letter I have just posted to Orange which clearly states my complaint:

On April 17th I sought advice from your store in Lakeside, West Thurrock (upper level). I had been having problems with my phone and was considering upgrading early. After a discussion we concluded that an iPhone would suit my needs. I said that I’d heard they were due to bring out a new version in June to which Ben (your sales assistant) replied that there wasn’t going to be a new phone, just an upgrade to the operating system which would still work with the current model. I said how can you be so sure as there was speculation reported on the radio. He told me that he had heard from a friend who works for Apple and he was positive that there wasn’t going to be new phone. As I had to pay-off the balance of my existing contract, I told him I was happy to wait a couple of months and didn’t want to upgrade if there was going to be a new phone. Again he told me he was 100% positive there wouldn’t be a new phone released in June.
On June 18th I was shopping again in Lakeside and was annoyed when I saw adverts for the launch of the iPhone 4 the following week. I called into the store again and asked to speak to the manager who was on a day-off. I went in again on Monday and spoke to Ben. I reminded him of our conversation and said I wasn’t happy as I had made it clear I was prepared to wait a couple months and only upgraded then on his assertion that there wasn’t going to be a new iPhone. He apologised and said I had to phone Customer Services which I did the following day.
They advised me they could do nothing and had to go back to the store. I returned after work on Tuesday to be told that the manager had been on an earlier shift and wouldn’t be in until Thursday. I left my name and number with the assistant manager who said he would ask the manager to ring me when he was back in work on Thursday or Friday
I didn’t get a phone call so went to the store for a fourth time on Saturday. I spoke to the manager (Hamid Ravanshid) and explained what had happened and he asked Ben to join our conversation. Ben said he told me what he had been told by a representative from Apple. I said I couldn’t believe that anyone would have said that, I suspected that at the very least, they would have said there has been no official announcement or words to that effect. He was obviously embarrassed and apologised for misleading me then the manager dismissed him. Hamid confirmed I had been mislead and Ben shouldn’t have made such assertions and that I wouldn’t have upgraded were it not for what he had told me. He said he was going to ring his Area Manager for a resolution.
He left a message later that day to say that his manager advised me to put my complaint in writing to you. I think in the circumstances you should authorise them to change my contract to an iPhone 4.
Submitted: 8 years ago.Category: UK Law
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Answered in 2 minutes by:
6/28/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
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Customer reply replied 8 years ago
I was mis-informed about the availability of a mobile phone and took out a new contract in April based on the saleman's recommendation. I since discovered that a new version of the phone in question has been launched. Are they liable to meet my request for an upgrade to the new version?
Solicitor: Jo C., Barrister replied 8 years ago

 

That isn't something you can claim for I'm afraid.

 

The fact that you were misinformed and given a phone that does not suit your needs is not misselling. Misselling is a very limited legal issue that really only relates to financial products.

 

If you agreed to one phone and they gave you another that would be different. You would be entitled to reject the whole contract. But they gave you the phone you agreed to it would seem.

 

Obviously you can make a complaint about this though and it might be that they would offer some form of compensation as a result.

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