Advice on rights regarding mobiles.co.uk

Juli_b

Hi,

Was wondering if anyone could advice me as to were I stand with regards to the following situation. Ordered an iphone from mobiles.co.uk which I received on 20th August 2009. On 23rd August set up the phone and put the chip in the phone began syncing process. I made two 10second phone calls and then the phone crashed. I reconnected the phone back to the internet and was told it was recovery mode and default settings needed to be restored. I then received a message stating that there was a problem with the iphone and this could not be done.

I called 02 on 25th August who when through some trouble shooting and told me that my iphone was faulty and mobiles.co.uk would have exchange it. I emailed mobiles.co.uk who advised me that the iphone was out of stock and that they would let me know when it was in stock. I asked them who would be paying for my line rental in the mean time and was advised to contact customer services. I emailed again and advised that that I was not prepared to wait indefinitely and that I wanted to return the iphone and terminate the contract. I was advised that because the sim had been used and the iphone personalised I was unable to do this.

How am I suppose to know if the phone is working or not until I personalise it. I called customer services yesterday and all the girl kept saying was that was nothing that she could do for me - basically I just had to wait and once I received my exchange then they would organise some compensation. I asked to speak to manager and she refused saying that no-one can do anything for me so she could not put my call through to a manager. I argued with her for about 10mins and then gave up.

I totally fed up and want to know if they can legally just make me wait for an exchange instead of letting me return the iphone, terminate the contract and get a refund of my costs.

Any advice would be greatly appreciated.

Many Thanks

OneADay

PM their rep http://forums.moneysavingexpert.com/member.html?u=819635 - he will probably see this thread.

My own opinion - this thing about item being used is annoying - but its plain wrong - I dont know what the law says exactly. You should have 14 days to cancel an item which is clearly FAULTY - mis-sold.

See where you get to with the rep, also try your consumer direct http://www.consumerdirect.gov.uk/ (on the phone). Someone else on this forum will no doubt have more definitive answer with regards to law but you might has well get the ball rolling with consumer direct now rather than later.

Mobiles.co.uk_company_representative

Hi,

If you could drop me an email (ben at mobiles.co.uk) with your order number I'll get this resolved - without seeing the order I can't say for sure but if you have a faulty iPhone and you're within your 14 day cancellation window I don't see why we wouldn't allow a return, but like I say I need to look at the order.

Apologies for your experience with the Returns team, from what you've said it sounds like they're being overzelous in interpreting the returns process - a faulty product is different to a return for change-of-mind.

Regards,