How to complain if you've been misled by your mobile provider

1 Request phone recordings

Under the Data Protection Act 1998, you're entitled to request copies of any recorded telephone conversations you had with your mobile phone provider. 

You should do this in order to gather some supporting evidence for your mis-selling claim.

2 Report your provider to Ofcom

If you think you've been mis-led by your mobile provider, you should report the matter to Ofcom as well as your local trading standards department. 

Your mobile phone provider may have carried out an unfair commercial practice and be in breach of the Consumer Protection from Unfair Trading Regulations. 

As of 1st October 2014 consumers have new rights to redress under these regulations. 

These include the right to undo a contract and receive a refund, the right to a discount and an entitlement to seek damages. 

But in order for the new rights to apply, you must be able to show that a misleading action was a significant factor for you entering the contract.  

Unfortunately, misleading omissions are not covered by the new rights.

If you've bought your mobile phone or mobile contract directly from a service provider (such as Orange or Vodafone), contact the provider and complain that you've been mis-sold your mobile contract. 

If you're unable to resolve your problem by complaining to your provider, contact the Ombudsman Services: Communications or Cisas.

3 Keep careful records

Complaining to third party mobile retailers about mis-sold mobile contracts can be a bit tricky since you may have to threaten to take the mobile retailer to court on the basis that the service they're providing is not as described under Consumer Rights Act 2015 (previously the Supply of Goods and Services Act).

However, in order to be successful in court you may need to prove that you were promised a different mobile deal to what was delivered - so keep careful records of all phone conversations.

4 Get promises in writing

Unfortunately, it's very common for third party mobile retailers to call customers around the time they're due a mobile phone upgrade in an attempt to drum up business. 

If you receive such a call, be very careful to clarify what the mobile retailer is offering and ask it to send you written details of the mobile deal before agreeing to anything. 

If in doubt, don't continue with the call.

5 Unlock better mobile deals

Which? has launched a campaign to Unlock Better Mobile Deals for consumers. 

Our campaign is calling on mobile phone companies to help customers get a better deal. 

We want to see companies giving customers details of all the available offers so they can get the best deal for their needs.

We're also calling on companies to unlock handsets for free. Pledge your support for our campaign to get better mobile deals for consumers.