Cancel mobile phone contract

jgriggle

I ordered a mobile phone on the Orange network from Mobiles.co.uk which was advertised as 'in stock for next day delivery'. Later that day they emailed me to tell me that the phone was actually out of stock and would be delivered when it returned. Not wishing to deal with a company which had lied before even taking my money, I rang them and told them I'll try and get the phone elsewhere and cancel with them. I was told this would be fine.

I was able to get the phone elsewhere, so I emailed Mobiles.co.uk to cancel the contract. The next day, they responded saying they had despatched the phone, despite my email of the day before cancelling the order. When the phone arrived, I simply refused the delivery, and emailed them to let them know that I'd done so and Royal Mail would return it to them after a week, as is their policy with special delivery items. I also cancelled the direct debit they'd set up on my bank account.

Two weeks later I get a letter from Orange saying that I haven't paid my first bill! The man at Orange could see that the phone hadn't been activated but his hands were tied and I'd need to speak to Mobiles.co.uk.

Mobiles.co.uk are refusing to cancel the contract as they are saying they haven't had the phone back from Royal Mail, and that once it leaves their warehouse it becomes my responsibility, despite the fact that I cancelled the day before they dispatched it! They say it's my responsibility to collect the phone from the sorting office (12 mile round trip) and return it by recorded delivery.

I've checked the Distance Selling Regulations and they are pretty clear in that
a) The item is the responsibility of the seller until signed for by the purchaser.

b) You are able to cancel a sale/contract even after an item has been dispatched, and refuse delivery when the item arrives. The seller is obliged to give a full refund and/or cancel a contract.

I'm sure I've pretty much answered my own question but was wondering if anyone else has had a similar problem. My main worry is damaging my credit rating or having debt collectors knocking on my door as Orange have just sent me another bill.

custardy

jgriggle wrote: »

I ordered a mobile phone on the Orange network from Mobiles.co.uk which was advertised as 'in stock for next day delivery'. Later that day they emailed me to tell me that the phone was actually out of stock and would be delivered when it returned. Not wishing to deal with a company which had lied before even taking my money, I rang them and told them I'll try and get the phone elsewhere and cancel with them. I was told this would be fine.

I was able to get the phone elsewhere, so I emailed Mobiles.co.uk to cancel the contract. The next day, they responded saying they had despatched the phone, despite my email of the day before cancelling the order. When the phone arrived, I simply refused the delivery, and emailed them to let them know that I'd done so and Royal Mail would return it to them after a week, as is their policy with special delivery items. I also cancelled the direct debit they'd set up on my bank account.

Two weeks later I get a letter from Orange saying that I haven't paid my first bill! The man at Orange could see that the phone hadn't been activated but his hands were tied and I'd need to speak to Mobiles.co.uk.

Mobiles.co.uk are refusing to cancel the contract as they are saying they haven't had the phone back from Royal Mail, and that once it leaves their warehouse it becomes my responsibility, despite the fact that I cancelled the day before they dispatched it! They say it's my responsibility to collect the phone from the sorting office (12 mile round trip) and return it by recorded delivery.

I've checked the Distance Selling Regulations and they are pretty clear in that
a) The item is the responsibility of the seller until signed for by the purchaser.

b) You are able to cancel a sale/contract even after an item has been dispatched, and refuse delivery when the item arrives. The seller is obliged to give a full refund and/or cancel a contract.

I'm sure I've pretty much answered my own question but was wondering if anyone else has had a similar problem. My main worry is damaging my credit rating or having debt collectors knocking on my door as Orange have just sent me another bill.

right,1st of all SD items are held for 3 weeks before being returned
how did you refuse it? have you just not bothered to collect it or actually told the postie you didnt want the item?
did you take a note of the item number?

pmduk

custardy wrote: »

right,1st of all SD items are held for 3 weeks before being returned
how did you refuse it? have you just not bothered to collect it or actually told the postie you didnt want the item?
did you take a note of the item number?

Are you sure it's 3 weeks, I thought items to be signed for are only held for 1 week, with all other items being held for the 3 week period. I may be wrong however, Royal Mail seems to do it's own thing

custardy

pmduk wrote: »

Are you sure it's 3 weeks, I thought items to be signed for are only held for 1 week, with all other items being held for the 3 week period. I may be wrong however, Royal Mail seems to do it's own thing

trust me on this it is 3 weeks for everything but recorded delivery(not special delivery) which is 1 week

jgriggle

Thanks for your replies.

I was at work out when they tried to deliver. The card said it would be returned to sender after one week.

My understanding of the Distance Selling Regulations is that an item belongs to the sender until it is signed for by the customer, and that by me cancelling the day before they despatched it means that I have no further obligation to the company. In other words if they subsequently chose to despatch it despite me cancelling, it's their tough luck if Royal Mail lose it. I may be wrong though.

custardy

jgriggle wrote: »

Thanks for your replies.

I was at work out when they tried to deliver. The card said it would be returned to sender after one week.

My understanding of the Distance Selling Regulations is that an item belongs to the sender until it is signed for by the customer, and that by me cancelling the day before they despatched it means that I have no further obligation to the company. In other words if they subsequently chose to despatch it despite me cancelling, it's their tough luck if Royal Mail lose it. I may be wrong though.

no as i said it is 3 weeks
the card says 1 week for RD items
why not be proactive and go to the delivery office and get the item RTS ASAP