Mobiles.co.uk orange upgrade

mmaarrkk1982

Hi new member, have been lurking for a good few years but finally fell foul of a company enough to register and post on here

Ordered a new phone with mobiles.co.uk with a free gift (xbox and kinect), ordered on a orange upgrade on the website, spoke to a sales guy first who took me through it all and explained about the redemption as i first thought about the free 13 month contract offer but due to some of the complaints i have read online about that service i decided on the xbox as you get it right away.

So recieved the phone and xbox this morning, due to the weather was a few days late but that is totally acceptable given the fact iam still waiting for 3 other deliveres from two weeks ago!, contains xbox and phone very impressed so far, then relise no sim card, call them up 20 mins later of bad music iam told to send it back via royal mail as there is no sim card in the parcel, i say send your own courier. end the call, then sit there and think what the hell!, ring them back up 10 mins of bad music and ask for a manager, 10 mins of bad music again and suprise all managers are busy. explain to the lady whats going on she says for whatever reason the sim card has been misplaced i say so your warehouse has lost it and she backtracks a little, she says she can ask orange nicely to send another sim card (as it is a upgrade they cannot use their stock of sim cards).

Then we get to the good bit, the upgrade has gone through and we are now signed up for 2 years to orange again, but they still want the phone and free gift back!, which i was not told on the first call and had to suss it out on the second call!. i said the contract between me and them is a phone free gift And a 24 month contract not just the contract

So i now have to wait 48 hours for a response from orange in regards to the sim card issue, if not i have to get the items back to mobiles.co.uk before the 7 days is up and i cant buy a xbox for my nephew nor take out another contract until this is sorted!

My main question if it isnt cancelled in time have i any comeback against this company as i didnt order just a contract on its own? (if i dont get the sim card i will be sending everything back to them),

So far i have spent over a hour this morning on the phone to them, one thing i did read about was their lack of customer service but i was hoping to be lucky and not need to call them, bad move!

mmaarrkk1982

they have now said orange wont reissue another sim card, and have requested i send the item back via royal mail and that if it isnt sent back within 48hours i will be liable for the contract

[Deleted User]

OK so hang on - the upgrade has gone through, you've got your phone and Xbox, and all you need now is the SIM card?

Just phone up 0800 317720, tell them you've lost your SIM, and offer to pay the £3 replacement charge for a new one. Should be with you in a few days.

Job done?

mmaarrkk1982

billbennett wrote: »

OK so hang on - the upgrade has gone through, you've got your phone and Xbox, and all you need now is the SIM card?

Just phone up 0800 317720, tell them you've lost your SIM, and offer to pay the £3 replacement charge for a new one. Should be with you in a few days.

Job done?

yes all i need is the sim card, everything else is fine, the lady from mobiles.co.uk has emailed orange this morning and for some reason orange cant send out another sim card

i was thinking the same thing and mentioned this to the lady, as i had a problem with tmboile contract mobile dongle 2 years ago and was given a payg sim card and had to pay for a replacement sim card from the tmobile shop. I will give orange a call soon to ask them what they know about this and whether a email has been sent from mobiles.co.uk and if i can get a sim card or not

Silk

mmaarrkk1982 wrote: »

So i now have to wait 48 hours for a response from orange in regards to the sim card issue, if not i have to get the items back to mobiles.co.uk before the 7 days is up and i cant buy a xbox for my nephew nor take out another contract until this is sorted!

The 7 days starts following the day you rec. the phone and its 7 working days

It's also only relating to DSR's and not faulty or missing goods so you do not have a problem, get them to collect the phone and go elsewhere

mmaarrkk1982

If the goods are not sent back to our warehouse within the next 48 hours and the disconnection fails due to lateness then you will be held liable for the contract as you have been informed of the time frame for return

on the email I recieved this morning, is that 7 working days in regards to the long distance selling act?

Silk

mmaarrkk1982 wrote: »

If the goods are not sent back to our warehouse within the next 48 hours and the disconnection fails due to lateness then you will be held liable for the contract as you have been informed of the time frame for return

on the email I recieved this morning, is that 7 working days in regards to the long distance selling act?

Yes it is, so not a problem ...email them back tell them you are cancelling it under DSR's and tell them to arrange collection

mmaarrkk1982

i have done and also told the lady on the first call this morning i wont be paying out for something iam not getting (to send via royal mail), and asked them to send dhl, she said dhl currently arent taking new collections as they have a back log, that smelt funny!

OneADay

mmaarrkk1982 wrote: »

i have done and also told the lady on the first call this morning i wont be paying out for something iam not getting (to send via royal mail), and asked them to send dhl, she said dhl currently arent taking new collections as they have a back log, that smelt funny!

Send the phone back special delivery £5.50 - you can reclaim that from them (they send details on how to in an email).

mmaarrkk1982

5.50 for the phone and the xbox and the kinect?,

Am i right in thinking they cannot give me a deadline like 48 hours under the dsr's?

Can I include a term in the contract that states that the
consumer must return goods within a certain number of
days in order to obtain a refund?


3.64 No. Under the DSRs such terms have no legal effect. The DSRs
contain provisions aimed at ensuring that businesses do not use
contractual terms that deny consumers their rights under the DSRs or
impose obligations on consumers that are inconsistent with them.
For example, a term making cancellation conditional on the return of
goods would be inconsistent with consumers’ rights to receive a
refund – see paragraph 3.46. However, you may request that goods
are returned within a certain period or as soon as practicable as long
as it does not link the receipt of the goods to the giving of a refund.

also would the below apply, considering i havent recieved and according to them wont recieve the sim card, which is a intergral part of me using the contract and mobile,

What if I am unable to deliver the goods or start a service in
the time agreed or within the 30 days statutory limit?
3.17 If you cannot meet the 30 day deadline to deliver the goods or
perform the service, you must inform the consumer before the expiry
of the deadline. You and the consumer may agree a revised date
for delivery of the goods or performance of the service. But the
consumer does not have to agree to a revised date. If they do not
agree to a revised date, the contract must be treated as if it had not
been made, apart from any rights that the consumer has under it as
the result of the non-performance.
3.18 If you are unable to meet the deadline and have not agreed an
alternative delivery date with the consumer, you must refund all
money paid in relation to the contract including the postage and
packaging. Please see paragraph 3.49 for information on additional
services that may have been provided under a different contract.
The refund should be made as quickly as possible and within a
maximum of 30 days.
3.19 Any credit agreement associated with the purchase is also
automatically cancelled. For more information about refunds see
paragraphs 3.46 to 3.54.

OneADay

£5.50 is the special delivery cost - the actual cost might be higher but you can claim that too as long as you have receipt from Post Office. For xbox and kinect - it could be in the region £10 postage and packing - but they will want to see receipt as proof.

You have to return the item within a 72 hours I think from being told the return number. Hence use special delivery.

In terms of return policy - the item has to be returned within 7 days for you to be able to cancel the contract - fairly standard for most online retailers - but the exact information is here .... mobiles..... / white_labels/shared/returns-policy-06-09-2010.pdf