Free Case and Docking station Scam

[Guest Deanus2004]

Did any one else find that the store would not give you the case and docking station for the phone which it stats you get with it...(sept 04 mag)

Fair enough they dont make a dockin station but the manager would not even give me a Universal case...saying he couldn't do that and its a misprint so its tough.

Have taken it to customer service and they are meant to be sorting it but spoke to a lawyer at work today and he said if they advertise it comes with it they should supply it or a subsitute.

Anyone else had this experience?

This is the Luton store that refused me the case

[Guest lordtt]

Had the same response at the Stevenage store and from their webshop.

[Guest Deanus2004]

if i manage to get one i will let you know how to get one from them,

The lawyer at work said kick up a stink and they might give tyou one to get oyu out of the store and shut u up!

If not he will write me a snotty letter to them for me!

[Guest midnight]

pfff, all this for some shoddy case, hardly seems worth the hassle to me :)

[Guest Deanus2004]

well it does because they state you get a case and docking station with is mis-representaion on there behalf and the manager could have been reasonable about it. He was even prepared to give me any form of discount on the case.

I want the case so my phone doesn't get scratched up.

[Guest midnight]

so buy one then :)

[Guest Robsie71]

I asked the question when I bought mine from Orange shop and they gave me a standard orange case for free.

Aint used it yet as its not to my taste!!!

[Guest Deanus2004]

so buy one then :)

Why should I? it states i get one free and free i will get one!

[Guest pisquee]

You should also get the pictured M1000 cradle for free too, don't forget ... must be worth something to flog on ebay!

[Guest Deanus2004]

very true!

[Guest bosshogg2003]

Orange like everyone makes mistakes, you may get one if you huff and puff hard enough but I assume they will flag your account and it may be the difference between paying or not for a repair/upgrade.

I do fight and would in this case if worth it, but you and I know it was a mistake not deliberate misrepresentation, the cradle is clearly not for the C500 and the case would not go on my phone as its c**p.

Its just not worth the effort

[Guest Deanus2004]

it has probally been flagged already...lol

[Guest machiavell1]

The problem with misrepresentation will be, what is your remedy, and is it worth pursuing it? Misrep always sounds great in theory, but it is rarely worth pursuing unless the amounts involved are substantial.

This is an innocent or at best negligent misrepresentation under the 1967 Act, not fraudulent. Your remedy will be rescission (at the discretion of the court) or damages. Rescission is that you can treat the contract as if it never existed, barring benefits conferred on you. That would mean handing back the phone and paying for any calls that you have made or charges incurred.

Damages would be even more useless to you- you would have to show loss suffered. At best you are looking at the cost of a case or cradle. Not worth the county court listing fee and other costs associated with a small claims case, which you would only get back if you are successful.

Very little actual legal benefit in writing a letter. Orange may just say to you that you are absolutely correct and offer to cancel your contract! If you then say no, then you have affirmed the contract and are effectively without much by way of remedy. A few phone calls to complain to the right people at OCS might get you some call credit though.

[Guest bosshogg2003]

I thought i said that! Must be a lawyer!

[Guest machiavell1]

:) You did. Just in fewer words. You can send your fee note now!

The only difference is that, even if the misrep was totally innocent, you can still have an action on it.

One more thing on the misrep point- the contract with O will probably have an entire agreement clause in it (ie something along the lines of "the customer agrees that this contract contains the entire agreement and understanding between the parties, and supersedes all prior understanding, and that the customer did not rely on any representations or warranties save for those contained in this contract yaddayaddayadda"). This is designed to prevent customers attempting misrep claims, although it only acts as an evidential estoppel, not a complete defence to an action for misrep.

Thank you very much, I'll be here all week... :shock: Bring me your legally challenged...

[Guest midnight]

You should also get the pictured M1000 cradle for free too, don't forget ... must be worth something to flog on ebay!

oh, and dont forget to ask for the free fm radio :)

[Guest pisquee]

LOL, good point! :-)

[Guest Deanus2004]

i wouldn't take them to court over it and have not said anything of the sort.

Whats this about the FM radio though?

[Guest machiavell1]

No one is saying you did. Just commenting on the point of writing a "legal" letter- bit useless if they know their position well (which they should by now). Try OCS though, you may get some free credit or something if you let them know that you have been misled and are considering terminating the contract. Will be much more effective than a letter, as it would be customer retention.

Good luck and I hope you get something.

[Guest The B.A.]

I managed to get a universal case (15 squids worth) from the orange shop in Stoke on trent - I did not even know about the offer until the girl in there showed me the orange mag. :-)