are we stuffed?

rach!_3

hi all need advice desperatly.
so my partner has 2 contract mobiles (one for me one for him) anyway last week he applied for 2 upgrades via mobiles.co.uk they came on friday and to be sure i made him ring orange to confirm they are only upgrades and we wont be paying for 4 contracts the person at orange confirmed this. So we used the mobiles since last friday and today 2 new bills come for 2 new contracts so he rang orange, they say you have to ring mobiles.co.uk he rang them recorded message say email for returns, he emails and reply says they can only accept returns if item hasnt been used.
ok fair enough, so where do we stand?
we upgraded not ordered new contracts yet now we are expected to pay for 4 contracts until the old 2 run out(april)? can anyone help on this matter please as we just dont know what to do

rach!_3

we have been told if we havent used the phones send them back within 48 hours
(we have used them) and some packaging is damaged, do we send them back anyway(we havent used sims as we were told to just use old sims, so new ones havent even been opened)

OneADay

Its good you have not used the new sims.

Packaging damage - not a big deal I think as when you get a phone you open it.

Just do a reset on the phones - i.e. restore factory settings.

Return with the new sim cards (unused) and it will be tough to know if the phone was used or not.

Regardless of if its used, you are within 7 day distance selling regulation by law - you have right to return. Just do the restore and do not leave anything on phones, contacts, texts etc etc.

Oh - I would send them back tomorrow special delivery (it might cost but it will cost more to keep them). Special delivery to ensure they are delivered on Saturday and solid proof.

rach!_3

right ok, so do you think we should be ok?
only thing is the "sticky" contact stuff they put on them, my partner left his on but i took mine off as i had a puch with mine

OneADay

Don't worry about that. Just restore, package back into box, send special delivery.
You are allowed to inspect the item - if you ain't used the new sim cards, its a difficult to prove you used them.

The only problem is the 7 days - according to mobiles conditions its 7 days from day of delivery - its touch and go. Would have been better to return today.

rach!_3

thanks we will do that and i'll keep updating

OneADay

Just read this http://www.out-law.com/page-430

distance selling means you have 7 "working" days to return.
I am confused by mobiles terms saying "7 days" (i.e. no mention of the word "working").

EDIT - sorry their agreement does say "working" at top of the page http:// mobiles /white_labels/shared/returns-policy-2009-v3.pdf

So you have to Monday to get phones returned (I think ....but don't quote me on that).

rach!_3

do we include day of reciept?
that would mean we have until monday?(i think)
however im going to special delivery post them tomorrow

OneADay

Yeah from day of delivery - you have to count - wish the law was clearer on this. One person could say Monday, another Tuesday.

But I would go with Monday based on return policy of mobiles.

Special delivery will be about £5 to £8 I think - well worth it in your case.

If it all goes well - don't do something so silly again .
Talk to your network to work out when you can upgrade rather than retailers. And I normally swap networks - so just get pac code and move.

xmaslolly76

If you go on one of the we buy mobile phone company websites they usually have instructions on how to clear the phones completely so no one can pick up any personal information from them before you send them off may be usefull if your sending them back :-)

rach!_3

orange told us we can upgrade january, but we did it through mobiles.co.uk as we wanted the auto cashback as we have car problems and the cash will help with that.
partner says if it goes ok we will change as he is sure we can get better deals elsewhere
thansk for all your help