cayoblog

Thursday, October 13, 2005

Blurb

Over the last couple of weeks, I've been receiving calls from some phone company, wishing to sell me a new mobile phone. You can of course always tell right at the start - even before you hear a voice - that this is a sales call, because it takes a second or two to make the connection to India, while one is treated to a pleasant background of static crackling. After the line has sorted itself out, invariably a polite person asks me if I use a mobile phone, and if I was interested in upgrading to a new one.
Now, I have sympathy for these people. Those working the phones. The young people in India. So I am polite. I ask them, what they are offering me, and if they could tell me what it will cost (I love the bloke who initially sad he wasn't trying to sell me anything, just offering me a service. Sure, a service. One that I have to pay for, surely. He agreed. My question, what he was trying to sell me must have somehow caught him offguard).
Today the lady was slightly more impertinent. The offer sounded interesting. There were loads of free minutes, a free phone, free texts, cashback every three months. Ok, sounds nice. A free flight to Boston or New York. Wow.. really ? Amazing. That sounds great. I asked, whether I could have the details of these offers. Sure - do you have a pen ? No, I mean, in writing. Can you send me the details, on paper, as a proper contract ? With all the lovely benefits, freebies and cashbacks, so that I can properly decide, whether to take up your offer ? She argued with me. She offered me the phone number of the customer call centre (0870-66 66 888). The name of the company (Mangotel Inc, Tulip House), offered to repeat everything she said so that I could write it down. No, I am interested, but I would be glad to receive this offer from you, in writing. She became desperate. This she couldn't do, it would be like divorce before a marriage, was against company policy.
One does have to wonder. I did. Is this legal ? Do I have the right to expect to see something in writing before I commit to some vague offer ? The dti (Department of Trade and Industry) has a page entitled "Guide to Distance Selling Regulations" here. The seller does have to provide prior information. But written information only has to be given once an order has been made. This is the furthest the seller has to go, according to the dti:

  • The seller must provide this confirmation at the latest by the time that the goods are delivered or, in the case of services, before or in good time during the performance of the contract.

  • So, according to this, this is legit. I can always send it back, of course (although said lady referred to this as 'divorce before marriage' - how shameful my suggestion must have seemed). But I am not entitled to receiving an offer in writing before commiting myself. This is rubbish. But of course, one can always bluff, and bamboozle them, by telling them they are probably not dealing in accordance with the dti's regulation to Distance Selling, (SI 2000, No. 2334), which stipulates - and I quote - : "The seller must provide confirmation [of the goods or services offered ...] before or in good time during the performance of the contract." If you feel cheeky, leave out the "or in good time during".

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