Phone Sim Mistake

hammerman | 10:11 Sat 17th Aug 2013 | Law

13 Answers

Wife went into local branch of phones for you yesterday to get a sim card package for her VIRGIN pay as you go phone.

When she got home, the salesman had sold her one for vodaphone.

Took it back today and the same salesman said they can't re-do it but he thought her phone was "unlocked". He suggested she got it unlocked.

Now surely this is in breach of the "sales of goods" act and she should be entitled to a refund or a change of sim.

Does my wife have case if i went down and saw them ?

Thanks

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boxtops

That's rubbish, she is with Virgin, surely she needs to have a Virgin sim card? what's the phone being unlocked got to do with it?

EvianBaby

Had she used the Vodafone sim at all? Did she follow his advise and get her phone unblocked when she went back in?

hammerman

Question Author

No she can't use the sim as it's on the wrong network. She hasn't had the phone unlocked yet as we don't know where to get it done....and don't really know if we should under the circumstances

TWR

If she asked for a Virgin Sim, that's what should have been given to her, Salesman's error take it back & explain his error.

ummmm

Take it back and insist you get the sim you asked for!

Old_Geezer

The SIM is or is not Virgin, not the handset. The handset may, however, be locked into Virgin.

If the salesman thought her phone was already unlocked why did they suggest getting it unlocked ?

In any case that's hardly the issue, the issue was that what was bought was not what the customer thought they had bought. It's unclear whose mistake it is but the retailer should be sufficiently savvy to know their reputation is worth more than insisting it's not their fault, and so be willing to change the item.

No doubt there are problems if the Vodafone has been turned on and registered with the supplier. It's not like one can easily return a sold account to an unsold one again. But that ought not worry them too much.

I can't advise on the legal position but I think, given your account, phone 4 you are not acting intelligently, or even in their own interest. Tell the salesperson you wish to speak to a manager.

CheekyChops

You can buy sim cards from loads of small newsagents/convenience stores, they are 99p in our local one. Just go and buy a Virgin sim, 99p is loads cheaper than the tenner it will cos to get the phone unlocked.

tonywiltshire

If your Wife was not given what she requested your basic rights are contained within the Sale of Goods act 1979 as amended.

EDDIE51

Many shops in my town sell sim cards for any network for £1 so what is the point of arguing about it, just bin it and get the correct one. Even the big supermarkets have sim card for £1 , the salesman is taking the p*ss and trying to sell something you do not need.

lozzer50

she was sold the wrong sim by the sales person, they should change it and not try and fob you off with idiotic ideas like having phone unblocked. Why should she have to do that, they made the mistake so should rectify it. me thinks that particular salesperson should be taken to the nearest specsavers pronto!

boxtops

so did they change it, hammerman?

EDDIE51