T-Mobile are really frustrating me. Wrong iphone! Can I do this?

talk2alex

I’ve been waiting for months like everyone else for T-Mobile to pull their finger out and get the iPhone 4 sorted.

Finally, I got a call last week and happy days – my iPhone 4 was going to be delivered before Wednesday.

Wednesday arrives – they only went and sent me an iPhone 3GS. Unbelievable! Safe to say, I was very very annoyed. They have now sent me a bag to return the 3GS and once they receive that, then they can process my order for a 4 again.

Apparently this has happened to a few people according to the T-Mobile forums, and most have just sent the phone back… However, one user brought up the “Unsolicited Goods and Services Act”

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department, whose details can be located from http://www.tradingstandards.gov.uk/.

Where do I stand on this? I’m not normally one to try and pull a fast one, but T-Mobile are just a joke and I quite fancy a fight with them. Can i keep the 3GS and still demand a 4?

Or in another option, I'm going to be paying £119 for the iphone 4. But since they have never sent me one, can I just keep the 3GS and demand to cancel my contract?

Thanks in advance

4810510

You have absolutely no chance on this whatsoever. T-Mobile will fall on you like a tonne of bricks. This wasn't an unsolicited gift it was a genuine error. If you retain it and refuse to return it then T-Mobile will certainly consider you to have changed your mind and decided to keep the phone. You'll then be tied to it for the contract period and if you refuse to pay they will eventually pass the account out for collection.

I'd be careful of what you read of forums, most people are genuine and extremely helpful but there are some real BS merchants. I think you have found one here.

Silk

Hi Alex,
That would be good if it worked wouldn't it :rotfl:

Shame to say though that as you had an order in place all that has happened is they've sent the wrong model instead of the 4 ....bit like ordering a red one and getting a yellow one.

The Unsolicited Goods and Services Act would cover you if you recieved one out of the blue but in this case you didn't.

Pity though would be nice to get a freebie wouldn't it

MyUserNamesTaken

talk2alex wrote: »

I’ve been waiting for months like everyone else for T-Mobile to pull their finger out and get the iPhone 4 sorted.

Finally, I got a call last week and happy days – my iPhone 4 was going to be delivered before Wednesday.

Wednesday arrives – they only went and sent me an iPhone 3GS. Unbelievable! Safe to say, I was very very annoyed. They have now sent me a bag to return the 3GS and once they receive that, then they can process my order for a 4 again.

Apparently this has happened to a few people according to the T-Mobile forums, and most have just sent the phone back… However, one user brought up the “Unsolicited Goods and Services Act”

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department, whose details can be located from http://www.tradingstandards.gov.uk/.

Where do I stand on this? I’m not normally one to try and pull a fast one, but T-Mobile are just a joke and I quite fancy a fight with them. Can i keep the 3GS and still demand a 4?

Thanks in advance

The goods aren't unsolicited in that an order was placed for a similar item. This is a simple mistake. One type of phone was ordered, yet another was accidentally sent out. As long as the company arrange for the phone to be returned to them (they've done this by way of sending out a returns envelope), you have to return it to them. They have not asked for payment, they've asked for the phone to be returned (at their cost). It's only unsolicited when you haven't ordered anything from the company in question. I'm fairly certain that even then, they have the right to reclaim it if they claim it was a mistake, as long as they arrange for its return. The piece of legislation you refer to is purely to stop companies sending out stuff to people willy nilly then demand payment for it.

talk2alex

:beer:

cheers guys. worth a shot though?

didn't hold out much hope really. thanks anyway

:rotfl: