Mobile broadband - Placed on wrong tariff
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You should make a formal complaint to your mobile broadband provider via Resolver.
You should ask your provider to honour the contract as agreed with the salesperson, even if it was a verbal discussion this can still be considered a contractual agreement. If you can, ensure you have a copy of the discussion in writing. Any contract term which states the company does not uphold statements by sales staff is deemed an unfair term. Any false statement made by a salesperson in order to secure your business is deemed a misrepresentation.
Under such circumstances, you are within your rights to cancel the contract with no cancellation charges. You also may be able to take legal action for compensation for any payments you have already made. False statement to secure a contract is a criminal offence. Trading Standards should be informed of any such practices.
- If you are unhappy with your service provider’s initial response, you should contact their customer services department via Resolver. Give clear details of your case such as what happened, when, and why you are complaining.
- The company should acknowledge your case with 14 days.
- If the company doesn't respond to your issue, then you should escalate your case to the next level. Resolver will remind you when the time comes!
- Your case is officially registered with the company as soon as the email is delivered and so you can escalate your case to an ombudsman after 8 weeks.
The Consumer Rights Act
Your rights mainly come from the Consumer Rights Act. The Consumer Rights Act sets out what you should expect from goods or services, giving you specific rights when things go wrong.
Taking things further
If the matter isn't resolved after eight weeks or if you receive a deadlock letter, you can send your case to the ombudsman. There are two ombudsmen in the telecoms market - CISAS or Ombudsman Services. Resolver knows which one to send your case to. We'll package up your communications and all supporting documentation and send it all to the relevant ombudsman.
The ombudsman will then undertake an independent investigation of your case for free. You can still take your telephone provider to court if you don't agree with the outcome, but only use this as a last resort. You should always seek legal advice before taking a matter to court.
If you need additional assistance
If you need additional advice and guidance on the issue you can contact your local Citizens Advice.
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