T-Mobile doing what they want

sammi.jo

My boyfriend got the T-Mobile G1 on a contract via the Carphone Warehouse. He'd had it for 21 days before I got a Nokia 5800 on Vodafone.

He had noticed that the g1 wasn't up to standard anyway, and so called T-Mobile to ask how long his grace period was. They told him 28 days.

So two days later he rang up to cancel, and asked for his PAC. They told him that he'd have no authority to cancel the contract, and until he paid termination fees, PAC doesn't go to him.

So he rang Carphone Warehouse at T-Mobile's advice, and they ended up just tossing the liability between them. My boyfriend sent the phone back, along with a payment for his first month and usage. He sent this recorded delivery, signed for, next day. I know this because I put the order in at the post office.

T-Mobile have denied getting the phone, even though there is a signature for receipt of it. They have since passed the debt onto a credit agency (Moorcroft, I believe) who asked him initially for month 2's money, but now it's over £500.

My boyfriend has been really good with Moorcroft; he sent them photocopies of the proof of delivery, the PO receipt with the address, and the letter he sent T.

T-Mobile are now telling Moorcroft that they haven't received anything.

What can my fella do? My first assumption was to have Moorcroft take him to court, but could it turn nasty?

If not court, what should he do?

diamonds

Burden of proof is on T, your b/f has proved NO debt is due.

email the customer relations team

http://support.t-mobile.co.uk/help-and-support/index?iqaction=5&answerid=16777220&highlightinfo=4194494,15,19&type=open&page=answeropen&url=http://www.t-mobile.co.uk/service/contact-us/email/comments/&searchid=1244168764687#

Crazy_Jamie

T-Mobile are now telling Moorcroft that they haven't received anything.

They can harp on about that all they want, but your boyfriend has provided proof of delivery and receipt of goods, so the burden switches back to them. In court the situation is very simple on this issue; with evidence as it currently stands your boyfriend wins.

aimake

hi,
please make sure your bf checks his current credit rating!!!
He could use, for example, experian. There are others out there as well.

Littlemiss27

I'm confused.....If your bf bought the handset from carphone warehouse and it was faulty why did he post it back to t-mobile?

The handset should have been taken back to carphone warehouse. IIRC faulty handsets do not automatically give you the right to cancel an airtime agreement unless the handset was bought online and returned within 7days (DSR). Carphone warehouse should have then either exchanged the handset or offered to return the handset and refund you any monies paid. You would still be tied to your contract though.


I think the problem you might have is that even if you can prove delivery that doesnt mean that the contract will have automatically been cancelled. Probably best to speak to consumer direct or another similar agency

ess0two

Thought the cooling period was 14 days?
Either way Recorded delivery is pants,i certainly would'nt send a £500 fone that way when compo is £40 tops.
Should have gone Special delivery,full insured.

Littlemiss27

Orange and T-mobile dont offer any cooling off period instore anymore, Orange haven't done since october 2007 and T-mobile haven't done since mid 2003.

O2, Vodafone and Virgin all offer a 14day cooling off period.

ess0two

Littlemiss27 wrote: »

Orange and T-mobile dont offer any cooling off period instore anymore, Orange haven't done since october 2007 and T-mobile haven't done since mid 2003.

O2, Vodafone and Virgin all offer a 14day cooling off period.

Cheers looks like the OP is knackered,i've had Recorded stuff before signed and still gone missing,total claim £40 tops.