Mis sold an IPad?

#1
Ive been with three mobile for a few years, Friday before last I rung up to cancel my dongle as I had not used it for months. The chap on the phone did his sales pitch on me being a reliable customer and that bollocks, I soon buckled for the "latest" IPad for 25 quid a month with 15gb and no down payment. Smashing deal me thinks. Only for it to arrive and it's the iPad 1. I rung up to state I was sold the latest iPad to which they said they would investigate, came back to me a few days later saying they had listened into the sales call and I was indeed sold an iPad 1. To which I said utter-bollocks, let me listen to the call myself, so we both listened in, he did state it was the latest iPad, launched yesterday in fact with normally you have to put a 200 pound down payment. So I complained like feck and the lass offered me 5 pound off a month to which I said nae (is that an admission of guilt on 3's part) She will be ringing me tomorrow to see what else she could do? What are my rights on this? Am I entitled to an iPad 2 or am I barking up the wrong tree? All Advice is welcome, also if you know how to make paragraphs on an iPad that would be much appreciated too :)
 

Ravers

LE
Kit Reviewer
Book Reviewer
#2
Contact the ombudsman, I think it's called Othello or something and is part of Offcom.
 
#3
Sale of Goods Act 1979 (as ammended):

13 Sale by description..

(1)Where there is a contract for the sale of goods by description, there is an implied [F1term] that the goods will correspond with the description..
[F2(1A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.].
(2)If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description..
(3)A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer..
(4)Paragraph 4 of Schedule 1 below applies in relation to a contract made before 18 May 1973.

A condition allows you to cancel the contract. Take it back and cancel the contract
 
#5
The problem is that they now saying if I want an iPad 2 I need to fork out 200 quid. Yet they have already sold me the "latest" gizmo the thieving salesman made it clear it was an iPad 2.

He obviously thought of me not being a tech geek, which I'm not and would just accept the device as it was. They just offloaded me with old stock, surely it's a verbal contract and I would have the proof as it was all recorded?

Thanks for advice so far, i'll look into the ombudsman route Ravers. I don't wish to take it back as I like the thing, just want what I was sold. Will see what they say tomorrow when they ring, so far Iv'e only been offered 5 pound off a month.
What a mug I am! :)
 
#6
The problem is that they now saying if I want an iPad 2 I need to fork out 200 quid. Yet they have already sold me the "latest" gizmo the thieving salesman made it clear it was an iPad 2.

He obviously thought of me not being a tech geek, which I'm not and would just accept the device as it was. They just offloaded me with old stock, surely it's a verbal contract and I would have the proof as it was all recorded?

Thanks for advice so far, i'll look into the ombudsman route Ravers. I don't wish to take it back as I like the thing, just want what I was sold. Will see what they say tomorrow when they ring, so far Iv'e only been offered 5 pound off a month.
What a mug I am! :)
After you tell them you are referring it to the ombudsman don't hesitate to remind them that you will be informing your family and friends - who will of course be customers of theirs - of the ongoing situation.
 
#7
Sounds like a blatant case of mis selling. Stick to your guns and they should provide you with the latest IPAD, as that was the deal you agreed to. If they will not adhere to the deal you could take action against them.

Youre best off dealing with someone direct at 3 as they employ alot of external call centres who have poorly trained staff which mis sell.

Good luck!
 
#9
sipho,

[h=3]david.dyson@three.co.uk[/h] is the CEO of Three Mobile, he only started on 1st july so might be interested in hearing from you.
Tell whoever you are dealing with that you want your complaint handled by the executive level complaints team.

Shiny
 
#10
You could also put the wind up them and report them to Trading Standards.

STILTS
 
#11
If you signed up for it over the phone then distance selling regulations apply and you'll have 14 days to canx / return it, day one being the day you had the phone call.

Good luck!

T C
 
#12
Shiney - I will give that email a bash, thanks

The cheat -I've opened the package so that option is void I'm afraid, even so I would still like to have an iPad, the iPad that was sold over the phone that is.
 

Gramps

Old-Salt
Kit Reviewer
#13
Good luck against 3 they are a bunch of scamming twats. Sold me a nokia a couple of years ago on an 18 month contract. 2 months later the phone went tits. It took me 18 months to get them to cancel the contract as they would not admit to the phone being faulty (even though it was deader than a dodo). Had 3 different debt collection agencies try and get money from me after I informed them that as they wouldn't uphold their side of the contract, I considered it void and refused to pay them. It wasn't pretty and I would advise against ever getting a contract from them, its not worth the paper it's printed on (or breath its spoken in, in your case). have got one of their PAYG dongles though, I may have principles but I am also tight.:nod:
 
#14
Shiney - I will give that email a bash, thanks

The cheat -I've opened the package so that option is void I'm afraid, even so I would still like to have an iPad, the iPad that was sold over the phone that is.
Are you sure that opening that package makes a difference? I worked for a different Telecom company and as long as our 'Equipment' was returned then we didn't care.
 
#16
Unfortunately not from their website:
"purchased your mobile via three.co.uk or from our own telesales team and for some reason you change your mind, you can return your phone within 14 days of receipt provided you haven’t used it. You'll also have to return the original boxed accessories and documentation ‘as new’."
I've used the device daily since it arrived as I had not known the device was the original at the time, took me two days looking for the camera on the pad, when I realised it did not have a camera, I rung them up. The blatant mis selling has really got to me. Ombudsman route won't work till 8 weeks after my initial complaint and if it has not been resolved to my satisfaction since then I can't go that route.
See what they come up with tomorrow I guess, as I have turned down the 5 pound off offer on my monthly bill.
As dinasoar poo stated, let's see if my voice recordings last till tomorrow :(
 
#18
OK, here's how it goes. You have no right to demand that 3 provide you with the latest IPad, although that's what you were sold (in your opinion (not disagreeing that you are right, but you have to consider what a third party might read into the conversation)), however, if you feel that you were mis-sold the item, you certainly have the right to return the item, and to receive a full refund of any monies paid (although 3 can charge you for any data that you have used. That the machine has been opened is neither here nor there. You could certainly threaten (and indeed actually should) to report 3 to your local trading standards for "sharp Practice". It's not a sobriquet that any retailer wants to be saddled with and TS and courts take a very dim view.

The law is fairly clear on this. It's just like being at the supermarket (or any other shop) and taking something to the checkout and finding that they are charging you more than is on the ticket (essentially what 3 are saying (another £200 was it?)). You
cannot force the retailer to sell you the item for the price marked. The cannot charge you more for it than is on the ticket,
unless you agree, but they can simply take it off you and not sell it you. In practice, most larger retailers will sell it at the price on the ticket as they don't want the "sharp practice" tag levelled at them.

Speak to them nicely, argue your point reasonably, but remember, you only right is to return the item and to cancel the contract, therefore putting yourself in the same position as before the contract was made. I doubt that you'll get the Ipad 2, but it's certainly worth a try. The 14 day DSA doesn't really apply here as this is a contract issue, but the DSA can be used to return the item and stop the contact with "no quibbles" and no arguments...they cannot fight that one, but the mis-selling, they can fight if they choose to.....up to you, fight it and see, hope they play ball, or fight for a little while and then use DSA, or ask nicely, see if they play ball then use DSA. Don't run out of time...they'll hold you to it.
 

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