Contract Phone Kerfuffle?

MamaMoo_2

I ordered a 16GB iPhone 4 on t-mobile on a 24 month contract from Phones4u.
My SIM hadn't been activated for SMS & internet (but I could make and receive calls) so I phoned t-mobile, and it turns out that they didn't authorise the contract, and they instantly bricked the SIM.
I got rid of my old phone when I received my new one, and now I'm at a loss of what to do.
T-mobile have said P4U will want the phone back, but as far as I'm concerned they can go whistle! I'm happy to pay for the 24 month contract, but T-mobile say no. What are my rights?

texranger

you will need to speak to Phones4u and as T-Mobile did not authorise the contract then you will have to give the phone back to Phones4u

I got rid of my old phone when I received my new one, and now I'm at a loss of what to do.

get yourself a pay and go phone

MamaMoo_2

Surely as my contract was formed with Phones 4U and the phone was dispatched (and received) it could be classed as contract formed & accepted?

texranger

MamaMoo wrote: »

Surely as my contract was formed with Phones 4U and the phone was dispatched (and received) it could be classed as contract formed & accepted?

you stated

I phoned t-mobile, and it turns out that they didn't authorise the contract, and they instantly bricked the SIM.

so the phone is dead/useless. you will need to speak to Phones4u on this matter and ask them why give you the phone when t-mobile did not authorise and contract.

i would not trust Phones4u if my life depended on them. i have has 2 PAYG phones from them and both faulty 1st phone went for repair due to power problems, come pack with cracked screen and just said the screen was cracked before it went away which i could proof shop would have non of this so after several emails they agreed to change this. then 2 months later the exchanged phone developed a fault of not recognising the sim card, so this went back and then when this was returned it had less than half of the features that was on the original phone and they blamed this on samsung. they refused to do anything about this until i told them i would contact trading standards as i had the details of the phone features at purchase which the phone no longer has so its not the same phone as i purchased. it was then they agreed to refund me my original cost less the top up fee

MamaMoo_2

The phone works, it's only the SIM that has been blocked, I'll be getting myself a PAYG micro sim in the morning to put in the phone, but as far as I can tell it's not been blocked, only the SIM has.

texranger

MamaMoo wrote: »

The phone works, it's only the SIM that has been blocked, I'll be getting myself a PAYG micro sim in the morning to put in the phone, but as far as I can tell it's not been blocked, only the SIM has.

the phone was provided with a t-mobile contract whoich t-mobile have stated they did not give permission for the contract so the phone must be returned to phones4u or they could charge you for the cost of the phone.

MamaMoo_2

I'll be more than happy to pay for the phone... In 24 monthly payments, as agreed...

texranger

MamaMoo wrote: »

I'll be more than happy to pay for the phone... In 24 monthly payments, as agreed...

You need to contact phones4u as the 24 month contract would of been a 24 month service contract provided by t-mobile. as t-mobile say they did not approve such contract then phones4u could ask you pay the full cost of phone in one payment.

also look at another way phones4u have misold you a contract with t-mobile, so i would ask phones4u what they are playing at.

arcon5

Seems to me a case of breach of contract by phones4u, they offered you the phone which comes with a 24month t-mobile service contract and have failed to provide you with such.

They can't now try charge you for the phone or demand the phone back as such... they must know rectify their breach of contract which could involve either a) sort out the 24month contract with the network provider or b) put you back in the position you was before, this could mean returning the phone and refunding you in full. This option though could also seem them liable for any losses you incur as a result. For example if you found an identical deal elsewhere for say an extra £5 per month, they could potentially be liable for the additional costs.

It may well be looked at as though you have been missold the product, this could make the contract void for which they could still potentially be liable for any losses you incurr as a result.


But why not just speak to them and sort it out? It may well be an admin error which they can sort out relatively quickly.

MamaMoo_2

So, I phoned Phones4u today.
They are adamant that T-mobile had authorised a 24 month contract, and they double checked this while I was on the phone.
They will be contacting T-mobile tomorrow to try and reach an agreement, but I was told if T-mobile wouldn't authorise the phone, I would have to send the phone back. I asked if there was any way I could come to an arrangement with them if that was the case, but they wouldn't discuss this until they have a final answer from T-mobile.
Just curious as to what I can do, really.
If I refuse to send it back, surely they could just have the IMEI blocked? Or would that not be allowed as it's reg'd in my name?
As it is, I'm currently using the phone with a PAYG SIM, have registered it in my name with Apple, have restored it from a backup of my old phone (so it's got all my pics, music, contacts on) and really don't want to have to return it.

I'm honestly not expecting to get this phone for free, I have no issue reaching a payment agreement with Phones4U, but I just want to know for definite what my rights are so I know how to put my points across, and any literature I could use to back it up would be fab, if anyone knows?

Thanks all!

MamaMoo_2

Just curious, as it is P4U who have breached the contract, and having checked today, no other network would offer me the same deal, and I already have given away my old phone, would I have any recourse for keeping the phone?
T-Mobile have already said I can have a 30 day rolling SIM only, and for ~£25 (their highest SIM only contract) I can have 900 mins, 500 texts etc, which is the same as the 24 month contract other than 300 less minutes (but same texts, Internet and with one booster)
The cost of the phone (£499) over 24 months would be ~£20 a month, so by adding the two together I'd be in almost the same position as I would have been if the £46 contract I had been 'granted' had not been breached (I'll just be at a loss of around 300 mins)
Is this something they would be obliged to accept, as I would still be paying for the phone etc?