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A d v i c e g u i d e A d v i c e t h a t m a k e s a d i f f e r e n c e


Before entering into the contract you must be given this information, verbally or in writing:

  • the identity of the company making the offer, that is, whether it is a network operator, a service provider or a retail outlet

  • the details of the offer

  • the terms and conditions of the offer. You must be told that the contract for the offer is separate to the mobile phone contract.

If you make the contract over the phone, then you must receive a copy of this information by letter or e-mail, in good time following the call.

When you claim your goods, products or services back from the company:

  • they can't ask you to give them an original bill – a copy of a bill is enough

  • they can't charge you for applying under the offer

  • they must give you at least 60 days to apply

  • they can't refuse to give you cashback because there is something unpaid on your account. However, they can refuse to give you cashback if you don't pay bills to them on a regular basis, or you are trying to defraud them

  • if the offer is for cashback, the company can't decide to refuse all your future claims for cashback if you fail to get cashback the first time you apply.

Complaining to an outlet If you have a problem with mis-selling, slamming and sales incentive schemes, you should complain to the outlet. If you feel that a complaint is not being dealt with appropriately by the outlet, you should contact your service provider and ask them to look into the complaint. If you are still not satisfied you can complain to OFCOM – see below.

Compensation You may be able to get compensation if:

  • the phone itself is not of satisfactory quality, as described, or fit for its purpose

  • the contract has been broken (breach of contract). For example, the mobile phone service was not carried out with reasonable care and skill or problems were not put right within a reasonable time

  • the phone was dangerous or unsafe and someone has suffered personal injury. If the phone is unsafe, report the seller to the Citizens Advice consumer helpline on 0845 404 0506 before taking action against the seller

  • the seller has made a false or misleading statement or has put unacceptable pressure on you about the phone or the service to persuade you to choose it

  • you allowed the company to correct the problem but this has not worked

Copyright © 2002-2011 Citizens Advice. All rights reserved Registered charity no: 279057 Company no: 1436945 England


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