mobile phone contract cancellation

magicdamo1984

hi all bit of advice needed,

I took out a contract from onestopphoneshop for a galaxy s3 paying £26/month in sept this year.I received and signed for the phone and everything seemed fine until now .I got billed £76 this month by t-mobile and when I queried this they are stating that I have 2 contracts which were taken out at exactly the same time with carphone warehouse .I have spoken to carphone warehouse who transfer me to onestopphoneshop and they are alleging that an error has been made and a second order was made their end as my order was duplicated .I have asked them to cancel the second contract as they have agreed it is duplicate and they have also not abided by any dsr's as I never received any written confirmation regarding this second contract so the contract is unenforcable.They have replied back advising that becasue I have signed for my order I have accepted the 2 contracts and they are refusing to cancel the 2nd contract.

Can they do this? looking at the dsr's even if they did send me a second phone(they didnt) which i had not requested surely this would be classed as unsolicited goods in which case they are unable to demand payment.

T-mobile are also unwilling to get involved even though it is themselves that are charging me for the second line rental that they can see has never been activated.

any help is appreciated ,

cheers

Herongull

Let me get this straight.

They (or their system) accidentally set up a second contract. They have accepted that this happened ie accepted there was a mistake and this second contract is spurious, a result of an error at their end and nothing to do with you.

If that is the case of course you do not need to pay. The money should be refunded ASAP with an apology.

If you had to pay in this situation, then why don't they set up 100 false contracts which you would have to pay for?

If necessary, claim your money back from the direct debit guarantee, but write to their complaints department (and escalate if necessary) saying you want written assurance that this problem has been sorted and an apology.

PS You don't need to cancel this false contract. The second contract does not exist. It is just a glitch in their system which they need to fix. Perhaps you shouldn't use the term: "I want to cancel this second contract" as it might confuse numpties

magicdamo1984

they are arguing that i have signed for the phone and until they get their phone back they can not cancel the contract.The courier have my signature as I signed for the phone I was expecting but they have my signature for both phones although I only signed for the one.

Jon_01

magicdamo1984 wrote: »

they are arguing that i have signed for the phone and until they get their phone back they can not cancel the contract.The courier have my signature as I signed for the phone I was expecting but they have my signature for both phones although I only signed for the one.

The courier should have the weight of the item you signed for logged somewhere on their system.
All you need to do is get this info, it should be the weight of one boxed phone with all the bits you get with it.
Once you have this info send it to onestopphoneshop...

Silk

Have they got the same phone number allocated to both contracts ?

magicdamo1984

Jon_01 wrote: »

The courier should have the weight of the item you signed for logged somewhere on their system.
All you need to do is get this info, it should be the weight of one boxed phone with all the bits you get with it.
Once you have this info send it to onestopphoneshop...

They are refusing to give me any information as I am not their customer

magicdamo1984

Silk wrote: »

Have they got the same phone number allocated to both contracts ?

no different phone numbers and different accounts

Herongull

Can you clarify:

Are they claiming that they sent both phones in one parcel?

Or that they sent two separate parcels and that you separately signed for both.

If the latter, then the two signatures will look slightly different from each other. If "both" signatures are identical then this is clearly an error in the system ie one signature has been assigned to two contracts. They look slightly different, but both are yours, then surely you must have signed for two parcels?

If they are claiming they sent both phones in one parcel, don't they have to prove this? I suspect phone companies always put separate phones in separate parcels, so that they end up with two signatures in case of disputes like this.

magicdamo1984

they are claiming that there was 2 parcels that have been signed for .I assume that the courier company have assigned my signiture to both parcels because of this they dont seem to be backing down ,so if they dont back down can i go down the unsolicited goods route .

Herongull

Don't go down the unsolicited goods route! If you do, you will be admitting that you received two parcels and they can then ask you to return the second phone (or at least make it available for them to collect).

If you really only received one phone, stick to your guns. If they say that you had two, then it is up to them to prove it. If they only have one signature then they can't prove it.

magicdamo1984

so if i received 2 parcels I should of been asked to sign twice?