Contract Phone Kerfuffle?

texranger

If Phones4U requests the phone back then you will need to return this and yes they can have the IMEI blocked as the phone was given as part of a 24 month t-mobile service contract and if t-mobile are saying they never authorised this then legally the phone is the property of phones4u as they should not have given this to you. Phones4u can pursue you for the full cost of the phone in 1 go.

arcon5

texranger wrote: »

If Phones4U requests the phone back then you will need to return this and yes they can have the IMEI blocked as the phone was given as part of a 24 month t-mobile service contract and if t-mobile are saying they never authorised this then legally the phone is the property of phones4u as they should not have given this to you. Phones4u can pursue you for the full cost of the phone in 1 go.

hmm, not sure on what grounds they can persue op for the cost of the phone. Also not sure how the phone is still phones4u property. If the phone was to be returned it would be part of a remedy offered for phones4u, but if op refused to allow them to rescind the contract, I can't see what their case would be based on as it would infact be them that are not providing the service paid for -- which is it went unresolved op would have a case to setup their own contract with the network and reclaim any differences in price back (although easier said than done). If though phones4u blocked the phone making it unusable, it would be a case op would be entitled to a full refund, which is this scenario the phone would need to be returned. But again, this would also open them up to a claim by op for any losses (ie any additional costs incurred where putting himself back in the same position before their breach).

arcon5

MamaMoo wrote: »

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!

in theory they are obligued to offer the service contracted to in accordance with their fair terms and conditions. In reality, they seem to have messed up and therefore unable to offer the service contracted to. So since they are not infact open to rectify the mistake as T-Mobile seem to be disallowing it, it's not as straight forward as ABC.

rather than quoting verse and chapter though, you'd be better off just discussing yoru options. Quoting your consumer rights just annoys people and they're less likely to want to help

MamaMoo_2

arcon5 wrote: »

hmm, not sure on what grounds they can persue op for the cost of the phone. Also not sure how the phone is still phones4u property. If the phone was to be returned it would be part of a remedy offered for phones4u, but if op refused to allow them to rescind the contract, I can't see what their case would be based on as it would infact be them that are not providing the service paid for -- which is it went unresolved op would have a case to setup their own contract with the network and reclaim any differences in price back (although easier said than done). If though phones4u blocked the phone making it unusable, it would be a case op would be entitled to a full refund, which is this scenario the phone would need to be returned. But again, this would also open them up to a claim by op for any losses (ie any additional costs incurred where putting himself back in the same position before their breach).

As the phone was free (well, I paid nothing up front, but the contract was £20 per month higher than the identical number of minutes/texts/data on a 12 month SIM only deal) a refund would still leave me with £0, and minus an iPhone 4 (my old phone that was in mint condition that I gave to a friend as an early Christmas present) and I would be minus my iPhone 4S.
Ideally, I will be trying the friendly approach and trying to come to an amicable resolution, but just in case P4U won't budge, I wanted to know my rights here.
The position I was in before the breach saw me paying £46 per month for 24 months for a certain number of minutes, texts and data allowance, and I had a nice new iPhone.
Having rung around this morning, I cannot get a contract with another provider that includes an iPhone 4S, however Vodafone, T-mobile & 3 will all offer me SIM only deals. (T-mobile is my preferred network as their signal where I live is excellent.)
So would I have a right to insist that if I took out a SIM only deal with T-Mobile (presumably I'd have to do this via phones4u) that phones 4u allow me to keep the phone too (again, happy to pay the £20 odd a month for the phone, if they just gave it to me, presumably that'd be betterment that I'm not entitled to?)

MamaMoo_2

Just found this on their website

If we deliver a phone USB modem or laptop (as appropriate) to you (other than on a standalone basis) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone USB modem or laptop (as appropriate) to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the items delivered to you. Our price list is on available on request.

The goods we deliver to you become your responsibility once they are delivered to you.

Just wondering if this is still valid if it isn't me who has breached the contract?

Elle7

MamaMoo wrote: »

Just found this on their website



Just wondering if this is still valid if it isn't me who has breached the contract?

I'd say the 'do not enter into the associated airtime agreement' would cover you. You won't be entering it - it might also come into the equation how likely getting this contract was.

At the end of the day, I believe if this was a genuine mistake all T-Mobile/P4U have to do is put you back in the position you were in - ie collecting the phone or providing free postage, and making sure the contract doesn't appear on your credit file.

I don't think they will be liable for anything extra just because you've thrown away your old phone, as that wasn't anything to do with them. That said, they may give you a discount on the Iphone or a cheaper pay as you go phone as a goodwill gesture, depending on whether you've already started quoting your rights at them.

What are they offering as a solution at the moment?

MamaMoo_2

Surely the position they would have to put me back into would be the one I would have been in had they not breached the contract, ie with an iPhone 4S.
Currently, they're trying to sort it out with T-mobile.
And me giving away my old phone is everything to do with them, as it was as a result of this contract having been given to me. Had this not been granted, I would not have given my old phone away.

bod1467

But they were not to know this, and it in no way formed part of the contract. (Annoying, but that's life).

Best to see what they come back with. Good luck.

texranger

MamaMoo wrote: »

Surely the position they would have to put me back into would be the one I would have been in had they not breached the contract, ie with an iPhone 4S.
Currently, they're trying to sort it out with T-mobile.
And me giving away my old phone is everything to do with them, as it was as a result of this contract having been given to me. Had this not been granted, I would not have given my old phone away.

no the position you were in before this is that you dont have the phone you have now that was part of the t-mobile contract.

it is not the fault of P4U/T-mobile that you got rid of your other phone, so they are not liable for this.

dan_l

texranger wrote: »

no the position you were in before this is that you dont have the phone you have now that was part of the t-mobile contract.

it is not the fault of P4U/T-mobile that you got rid of your other phone, so they are not liable for this.

But it is the fault of P4U. If P4U hadn't wrongly accepted the contract and sent the new Iphone out, then the OP wouldn't have given their old Iphone away so how can you possibly say this isn't P4Us fault?