Return of handset

dazzaofdagenham

Any advice please.

A few weeks ago i purchased online a Desire HD from mobiles.co.uk and when it arrived some of the pixels on the screen was not working...i would say about a quarter of them on the top left.

I phoned them up ( about 45 mins to get through ) and they arranged a replacement code etc. So i boxed it all up and later that evening i decided i did not want the phone. So i wrote them a letter and enclosed it within the package and returned it.

Now here comes the problem....It appears they ignored my note and sent me another phone !! On asking them why they did this they say its what i asked and the warehouse team would have ignored the letter that i wrote.

It appears that i cannot return the handset as i did not request it and that there terms and conditions over ride consumer law.

I have stated to them several times that the DSR ( distance selling regulatioons ) require me to send back within 7 days ( which i did ) and enclose a cancellation letter ( which i did ).

The phone has since been returned to them and back to me and back to them.

Today i am livid to find that i have been billed by T.Mobile for the handset..

Any advice please

darren

OneADay

Unless you phone up and ask to cancel, that is what will happen.
The return / exchange is what you asked for and got I am afraid.
You could complain on basis that you had no time to cancel when you were trying to return the item - but they can stick to their guns on this because t&c of purchase state you have to ask them to cancel - the warehouse people are not he people who do cancellations. You might get lucky - write to cpw direct or there is an email address mentioned on these forums you can try [EMAIL="jkane@mobiles.co.uk"]jkane@mobiles.co.uk[/EMAIL].
You would basically need to get t-mobile now to cancel the contract which is unlikely I think.

dazzaofdagenham

How can that be right ?

How can there own terms and conditions over rule consumer law ?

watcherman

If you sent it recorded or RMSD to their place of business, and enclosed a letter, then you have done what is required. The fact their internal systems fell down is not your problem. Send a copy of the letter and proof of delivery to them and the Service Provider.

Jon_01

dazzaofdagenham wrote: »

How can that be right ?

How can there own terms and conditions over rule consumer law ?

It doesn't. But you asked for a replacement and then changed your mind but didn't call to tell them.

The old phone would have been scanned in, which would have generated a new one to be sent out. It could be days/weeks before the box was opened and the letter found. By which time your 7 days was up. . .

Try the idea above, it might work. . .

dazzaofdagenham

Jon_01 wrote: »

It doesn't. But you asked for a replacement and then changed your mind but didn't call to tell them.

The old phone would have been scanned in, which would have generated a new one to be sent out. It could be days/weeks before the box was opened and the letter found. By which time your 7 days was up. . .

Try the idea above, it might work. . .

Surely they must check the contents of the phone box ? I could send them back a stone in the desire HD box and then they would still send me another desire HD ?

darren

dazzaofdagenham

watcherman wrote: »

If you sent it recorded or RMSD to their place of business, and enclosed a letter, then you have done what is required. The fact their internal systems fell down is not your problem. Send a copy of the letter and proof of delivery to them and the Service Provider.

I've had about 30 emails to them....Just basically ignore me and say the contract is live and that there is nothing i can do.

Before i pursue the matter i wanted to check that i am in the right


darren

dazzadub

you would to have told them you wish to cancel via the phone call, and via the letter.
return the phone and contants back to there busniess office and not warehouse.
all done via recorded mail so you have a come back.


you did it right in sending a letter but shouldnt have really done that by putting it in phone box.
i would contact the email stated above, and also send a email to consumer direct for some info

derrick

Also contact Trading Standards informing them the company is attempting to override your legal rights, as their statement;- "that there terms and conditions over ride consumer law." is illegal and certainly incorrect.


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