I am paying for a phone I haven't received and no one knows where it is!!!

Gillynumber1

I signed up for a new phone through Dial a Phone (Contract with Vodafone). They have sent me my free gift but not my phone. Dial a Phone say they have despatched it to the courier but the courier says they have not received it. The phone is now a week late, and I call the courier and Dial a phone every day but no one helps or seems to know where it is. I can't cancel my phone as its not arrived yet and they wont send a new one as they don't know where the original phone is.
Anyone got any ideas? I am assuming they will refund my line rental for the period until I get my phone and they have offered me (so far) £10 compensation - is this fair? I have had to use my work phone to call them in works time, and obviously the inconvenience of not having a phone.

Any advice greatly appreciated as I am at the end of my tether!!

Cheers

TimBear

You are most likely entitled to cancel your contract within the first 14 days anyway, so you can always do that?

If they've sent it out by courier, they should have a record of where it's gone, whether that's back to the depot or delivered elsewhere (in which case they'd have a signature too).

Not a great start for you! Have they sent you the SIM?

latecomer

Tell them if you dont have a phone by tomorrow you will exercise your right to cancel and go elsewhere.

Gillynumber1

Hi guys thanks for speedy responses!! They say I can't cancel my account until I get the bloody phone!!!!! Is it worth me cancelling if I do finally get the phone..and go through the whole thing again?

No sim no, they say the phone was delivered to the courier depot - the couriers say it wasn't?

arrrgggghhhhh!!!!!????

macman

It's not your issue-it's between them and the couriers. You have no contract with the courier. You do not need to have received the phone to cancel. that is absurd.

latecomer

they haven't delivered your phone - so you cant cancel? tell them to take a hike. they can dispatch a new phone today and sort out the other one with their courier.

markdavey

Agreed, your contract included a mobile device. Given you have not received that mobile device, they have not fulfilled their part of the contract therefore, you are within your rights (I would have thought) to cancel immediately. Certainly charges should not start until you receive your handset.

Gillynumber1

iM ON HOLD TO THESE IDIOTS NOW. THEY SAY i CANT CANCEL UNTIL i EITHER RECEIVE THE PHONE OT THEIR SECURITY TEAM INVESTIGATE AND ISSUE A NEW PHONE WHICH COULD BE 10 DAYS.

IVE TOLD THEM I CAN CANCEL PHONE RECEIVED OR NOT, THEY SAY NO. IM HOLDING FOR A MANAGER NOW...ANYONE GOT ANY MORE IDEAS RIGHTS ETC?

TimBear

Taken from their web site (http://www.dialaphone.co.uk/termsandconditions.html#three)
Delivery ...Top

We aim to provide a free of charge delivery service for all orders, should there be any charge for the delivery of your order then you will be notified of this during your sales call or prior to submitting your order online. Dialaphone use third party delivery companies for all deliveries and as such cannot specify the time or date of delivery to you prior to despatch.
We will try to deliver the goods on the date agreed with you. If we are not able to do so, then we will inform you and we will agree an alternative date with you or you may, if you wish, cancel the contract and we will fully reimburse you. We will deliver to the address agreed with you at the time you place your order. You must be available to accept personal delivery and sign acknowledgement of delivery. If the package appears damaged when it is delivered to you we advise you not to accept delivery.

TimBear

Also they say -

If we are unable to provide you with the goods you have ordered for reasons beyond our reasonable control, you will be contacted as soon as possible at which point you will be offered the choice of accepting substitute goods (if available) or a complete refund of any sums that you have paid.

TimBear

So it looks like you can cancel your contract AND have any money you've paid back so don't worry!

It does mention on their T&Cs though that any free gift they've given will need to be returned and in good condition, so bear that in mind if you do cancel.