Urgent Help Required

Leela_G

I really need some help.

Basically i ordered a phone through mobiles.co.uk on 10th Dec 2009. To date i still do not have this phone. After numerous calls / emails etc i was guaranteed this would be with my by yesterday or Monday, but still nothing.

Throughout this whole time i have called them / emailed them on a daily basis, got little or no response. I have also contacted DHL directly who have told me there is a problem and mobiles.co.uk must contact them directly - i passed this info on... nothing happened.

I then received a bill from Orange for the phone i have not yet received so i called Orange directly who in turn also tried to contact mobiles.co.uk to find out what was happening. Orange advised me that they cannot cancel the contract unless instructed to do so by mobile.co.uk

The DD is due to start on 14th Jan and i really don't know what to do.... any help would be much appreciated.

PS i have sent them an email expl;aining due to the above i no longer want this contract but was advised it was outwith the 14 day cancellation period.

Please help

OneADay

Email mobiles.co.uk and tell them as you never got the phone within 14 days, you do not accept the contract.

And I would not be paying Orange for anything, they can take you to court and then pay you for your trouble.

For best advice contact Trading Standards as to what exactly you need to do now.

OneADay

Trading Standards - http://www.consumerdirect.gov.uk/

Give them a call now.

Note also - If the phone turns up, you are still entitled to return and cancel the contract through mobiles.co.uk. I would do that if I was in same situation.

WychWeird

Extracts from Distance Selling Regulations guidance:

How long do I have to carry out the contract?
3.16

A contract must be carried out within the time limits agreed with the consumer as stated in your terms and conditions. If no period has been agreed, the statutory time limit is 30 days from the day after the day the consumer sends the order to you.
Cancellation rights (Regulation 10)

What cancellation rights do consumers have?

3.22

The stage at which you provide your consumers with the required written information (see paragraph 3.10) will affect when the cancellation period ends.

3.23

Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs

give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?

3.35

Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

You have not received the phone, therefore the contract cannot be started and thus you can cancel, irrespective of the 7 working day cooling off period.

DarkConvict

Yes, you can cancel now if that is what you want to do, just send written confirmation to mobiles.co.uk (i.e. an email) and try and do any necessary cancellation via their website. Whilst i am always against cancelling a direct debit, i would be tempted that if one is setup to cancel it (but only once you have submitted the cancellation)

If orange try anything you can state you cancelled before recieveing the goods and are not liable for payment.

Silk

Leela_G wrote: »

Throughout this whole time i have called them / emailed them on a daily basis, got little or no response. I have also contacted DHL directly who have told me there is a problem and mobiles.co.uk must contact them directly - i passed this info on... nothing happened.

Standard practice from these cowboys I'm afraid Leela.

You need to take control of the situation yourself as waiting for mobiles.co.uk to do something is like waiting for the next Christmas.
Cancel the contract and keep Orange copied in on all the emails / paperwork etc.
Advise Orange that due to the contract not being fullfilled you will be cancelling the DD etc.
If by chance the phone gets delivered send it back recorded with a copy of your cancellation.......accept delivery rather than decline it so that you can keep control of where the phone is

Originally Posted by Leela G
PS i have sent them an email expl;aining due to the above i no longer want this contract but was advised it was outwith the 14 day cancellation period.

The usual lies by them to get you to keep the contract ...disgrace !!!