Help - Cancelled o2 contract but they sent me phone anyway!

dwightfox

I called o2 on Sunday to upgrade to the iPhone 4. I was told that the phone would be delivered to me on Tuesday or Wednesday. I called on Tuesday to get the DHL tracking number and was told that the phone was out of stock and they didn't know when it would be back in stock. Not happy with this after what I had been told when I upgraded I cancelled my contract with o2, at the time of my cancellation I was still being told the phone was out of stock. I later went to Orange and got the phone I wanted.

I checked my email this morning expecting to see an email confirmation of my cancellation and instead got a mail stating that my order has been dispatched! I called o2 and they told me to refuse delivery. I got home from work today to find that DHL had left it with my neighbour.

I called o2 with the expectation that they would arrange for the phone to be picked up. After speaking to 3 advisiors who were telling me this is not possible I spoke to a manager who told me it was my responisibilty to get the phone back to them as it was in my pocession. I told him that it was not my responsibilty as I cancelled my contract after being told they were out of stock. He however insisted that I had to take the phone to a post office to get it back to them or I would be charged the full contract termination charge on my last billing day.

I have no way of getting to a post office anytime soon as I don't drive and I'm working alot.

Are o2 in the right? Am I being unreasonable? Any advice would be greatly appreciated.

slugger09

No it is there responsibility, I had a similar issue with Phones4U, they sent out a returns bag, there is the 1979 unsolicited goods act, quote that to them

dwightfox

slugger09 wrote: »

No it is there responsibility, I had a similar issue with Phones4U, they sent out a returns bag, there is the 1979 unsolicited goods act, quote that to them

Thanks for the response, isn't that act to do with faulty or incorrectly described goods?

They told me it was out of stock only after which I cancelled only for them to deliver it to me the next day!

How did you get on with Phones 4u?

boliston

I thought it's pretty normal for phone companies to send out reply paid bags when you order a phone and cancel within 14 days, but this situatuation is different as the order was cancelled BEFORE the phone was dispatched which means the phone is unsolicited goods. I think in this situation the sender has a duty to COLLECT the goods rather than simply send out a freepost returns bag.

slugger09

dwightfox wrote: »

Thanks for the response, isn't that act to do with faulty or incorrectly described goods?

They told me it was out of stock only after which I cancelled only for them to deliver it to me the next day!

How did you get on with Phones 4u?

No, thats sale of goods act, this mean they send you out items you don't want in the hope you take them.

Phones 4 u took mine back no trouble, they sent out a bag and I left it into the post office, although this will not suit you

Silk

First of all it's the DSR's that cover this( Distance Selling Regulations)
The onus is on the supplier to arrange the return which is amicable to the consumer.
If Post office is out of the question they will have to arrange collection by DHL
They cannot charge you for the contract as this has been cancelled and any monies paid out by the consumer returned within 30 days(although that doesn't apply to you in this case as you've not paid any out)

dwightfox

THanks for the responses guys.

Anyone got any advice on how I should approach this? It was like banging my head against a brick wall on the phone to them earlier today.

Silk

dwightfox wrote: »

THanks for the responses guys.

Anyone got any advice on how I should approach this? It was like banging my head against a brick wall on the phone to them earlier today.

Yes do it by email from now on explain the situation to them and await the response that way you will have a record of everything in case it's needed.
The contract was cancelled and you have asked them to arrange collection ...there is no time limit for them to collect it so if they want to send an envelope package whatever and you agree to pop in the PO when it's suitable etc let them do that

dwightfox

Thanks for advice. E mailed this morning... not going to hold my breath for a response though

marmitequeen

what happened? I'm currently rather annoyed (polite way of putting it) with Phones4U for similar incompetence that they are resisting sorting out to my way of thinking...