Mis-selling

Together we can stop mis-selling

Mis-selling

Most phone companies treat their customers with respect, but some use underhand, intimidating or illegal sales techniques to get your business. This is called mis-selling, and it happens to over half a million UK households every year.

If you're mis-sold to, you could be misled into signing up to a new phone service you don't want – or in the worst case, your phone service could be changed without anyone ever contacting you. This is called slamming.

5 simple steps

If mis-selling happens to you, it's at best inconvenient, but it can also be stressful, confusing and time-consuming to sort out – but there are five simple steps to help you stay protected:

  • Identify
    Ask callers for their full name and company details, and write them down. If they come to your door, ask to see their ID badge. Don't be afraid to ask again if they're vague or unclear.

  • Record
    Note the time and date of any calls or visits you receive, and keep a written record of conversations. Also ask the person for their name (check their ID if a visit), the organisation they represent and a contact number. Make a note of these details too.

  • Withold
    Never give out your bank details to verify your identity.

  • Ask questions
    Ask for precise information about the price you'll pay. If you're not sure, or need more time to think, ask the caller to send you information first.

  • Be clear
    Make it very clear if you're accepting or refusing the offer, or simply waiting for more information. It's your decision and you can take as long as you want.

What to do if you've been mis-sold to

If you've had your phone services transferred to a new provider, you should receive a letter from your current and new providers under Ofcom regulations. You have 10 days to advise both companies if you don't want the transfer to take place.

If you're a BT customer and you're within the 10 days' transfer period, call us on 0800 800 150 for help. If you're not a BT customer, you should contact your current phone supplier for advice.

If the 10 days' transfer period has already passed, please contact your new phone company. If you don't know who your new phone company is, just call the number on the transfer letter sent by BT.

Making a complaint

If you've been mis-sold to, you can make a complaint about the sales person or techniques you've experienced.

If you're complaining to the phone company in question, include as much detail as possible about the salesperson, the date and time of the call or visit and the nature of your complaint. The company's contact details should be in the welcome information they sent you.

If you're not happy with the way your complaint has been handled, you can take the matter through an ADR (Alternate Dispute Resolution) scheme. Each telephone company will either be a member of Otelo or Cisas, and must tell you which scheme they belong to.

More about mis-selling

Some of the more common ways companies can mis-sell phone services are:

  • Your phone service is switched to another company without your knowledge or consent
  • You've only asked for information about a different provider, but instead your service is switched
  • You think you've only switched your broadband or mobile to a new provider, but find your phone services have been switched as well
  • You want to move to another phone provider, but your current supplier cancels the order with the new company

Your rights

Contracts can be made over the phone, face to face, or online without you having to sign anything. The company must give you information in writing before you enter into a contract – including a description of the services, prices, your right to cancel and any minimum term that applies.

Cancelling your new contract

You can normally cancel without charge unless the contract was made at the company's business premises.

The cancellation period is usually seven calendar or working days. However, you have the right to cancel without charge until shortly before the transfer date.

Companies that claim to be 'associated with BT'

If your new phone company says it's 'associated with BT' or 'part of BT' and this turns out to be untrue, you have a right to cancel. Contract law says that if you've entered into a contract as a result of a misrepresentation, you're entitled to end it – but you'll have to act quickly or lose the right.

About terms and conditions

Just because a term is included in your terms and conditions doesn't automatically mean the company can rely on it. Some terms may be challenged on the grounds that they are 'unfair'.

Don't forget you can change your mind

If you change your mind within the transfer period on your notification letter, just call the new phone company to cancel.

If you ever change your mind about your new phone company, you can come back to BT at any time.

Find out how to come back to BT

Useful Links

Ofcom

Help abolish mis-selling. If you've experienced mis-selling, let Ofcom know via their online complaint form

The Trading Standards Institute

For impartial advice about mis-selling, visit www.consumerdirect.gov.uk or call 08454 04 05 06.

BT's code of practice

To ensure you are treated fairly, Ofcom insists that every telephone company has a code of practice. Read BT's code of practice

Download our guide to protecting yourself from landline phone mis-selling