Need ADVICE pls - New Phone replaced by BMP.net with a used one

deano23285

could threaten them with trading standards and see if that helps, also contact oyur network and see if they can put pressure on them

semelak1

deano23285 wrote: »

could threaten them with trading standards and see if that helps, also contact oyur network and see if they can put pressure on them

I just spoke to T-Mobile said they wouldn't intervene as it is buymobilephones.net that I had the initial agreement with. I am finding myself forced to cancel the direct debit I have for the T-Mobile contract and asking the bank to intervene. If anybody can provide any suggestions or mention things I should keep in mind while doing this, again it would be very much appreciated.

semelak1

I have just realized that T-Mobile has charged me £15 as a payment for the first month on the 4th :cool:
I guess I will have to talk to the bank then , and refuse the delivery on Monday.

mobilejunkie

If you cancel the direct debit your current problem will be as nothing to what will follow.

semelak1

mobilejunkie wrote: »

If you cancelt the direct debit your current problem will be as nothing to what will follow.

How do you suggest I deal with my current situation then ??

mobilejunkie

Either:-

A) accept the situation and the replacement phone, OR

Don't accept the phone and send them a Letter Before Action instisting that they send you another brand new one or you will cokmmence legal procedings for the cost of buying one yourself.

Personally, I am not convinced by anything you have said that the phone is not new. Of course, if you prefer then by all means cancel the direct debit - then you'll find out what problems really are.

semelak1

mobilejunkie wrote: »

Either:-

A) accept the situation and the replacement phone, OR

Don't accept the phone and send them a Letter Before Action instisting that they send you another brand new one or you will cokmmence legal procedings for the cost of buying one yourself.

Personally, I am not convinced by anything you have said that the phone is not new. Of course, if you prefer then by all means cancel the direct debit - then you'll find out what problems really are.

Thanks again for the response. But have you had a look at all the pictures in the above link ?

Also, what could have caused the area near the lens to look as it does in the pictures ? As I recall, there is not protective plastic cover in the back of the phone. I would never have accepted the phone with the scratches it had if it was offered to me in a shop. Would the taken pictures alone stand as evidence in the court in your opinion ?

OneADay

The scratch on the plastic are just not that much of a deal to me - it might be someone made a mess of putting the plastic on it.

The plastic is meant to be taken off as its not a permanent screen protector. Unless there is damage to the actual screen, then I would not be too bothered personally.

The issue on the back, close to lens, its hard to tell without seeing the thing in real life if it is damage or just normal quality.

And its rare for me to agree with MJ but there you go...

mobilejunkie

semelak1 wrote: »

Thanks again for the response. But have you had a look at all the pictures in the above link ?

Also, what could have caused the area near the lens to look as it does in the pictures ? As I recall, there is not protective plastic cover in the back of the phone. I would never have accepted the phone with the scratches it had if it was offered to me in a shop. Would the taken pictures alone stand as evidence in the court in your opinion ?

Up until my comments most people have offered support and advice. I did look at the photos and just glanced again at them. I honestly can't discern anything much from them. At the end of the day only a judge could decide - and he/she would have to decide not only on whether the phone was or was not new but also why it wasn't new (if he/she agreed with you). Since by then you would have accepted the phone and be unable to prove that it's not being new was as it arrived rather than as it appeared in court (several months down the road) I would not proceed.

You should remember that I am the first to cry "sue" - but always only if you have a definite and provable case. Unless you are willing to take that step and the resultant risk there doesn't seem much you can do. Buymobilephones would need to agree and if they don't there is no other way of enforcing your demands - other than court action.

That is my opinion, though I am open to change it if there is better advice from elsewhere.

My main concern from your point of view is the direct debit. Whatever else you do, that is NOT an action you should take (cancelling it) - whatever your anger. And THAT is extremely GOOD advice.

semelak1

mobilejunkie wrote: »

Up until my comments most people have offered support and advice. I did look at the photos and just glanced again at them. I honestly can't discern anything much from them. At the end of the day only a judge could decide - and he/she would have to decide not only on whether the phone was or was not new but also why it wasn't new (if he/she agreed with you). Since by then you would have accepted the phone and be unable to prove that it's not being new was as it arrived rather than as it appeared in court (several months down the road) I would not proceed.

You should remember that I am the first to cry "sue" - but always only if you have a definite and provable case. Unless you are willing to take that step and the resultant risk there doesn't seem much you can do. Buymobilephones would need to agree and if they don't there is no other way of enforcing your demands - other than court action.

That is my opinion, though I am open to change it if there is better advice from elsewhere.

My main concern from your point of view is the direct debit. Whatever else you do, that is NOT an action you should take (cancelling it) - whatever your anger. And THAT is extremely GOOD advice.

Thanks again for the informative response. I called the bank today and the reinstated the direct debit.

As for the phone, it seems like I will be forced to accept the phone on Monday even though I still believe I have not been provided with what I was promised (a brand new phone in their email confirming receiving the first faulty phone).

The photos are all I have for now. If they don't seem to be clear enough to convince the viewers on this forum that the phone does not look like a brand new phone, then I will most probably have a losing case when facing buymobilephones.net in the court.