T-mobile stalling on refund, where do I stand? :(

Little_White_Elephant

I'd had no problems with T-Mobile until Nov '12 where my phone became faulty, I had to send it off to repair in store and had it back a fortnight later, still faulty. I was advised to send it off again, I was not happy but it was agreed with T-mobile that if it came back faulty a 2nd time I could get a replacement. I had the phone back another fortnight later...still faulty. I spoke to T-mobile in early Jan and a replacement was agreed but no time/date agreed as it was a saturday 5/1/13. I find out via a call from the courier that my phone is being delivered (monday 7/1/13) and that i'd agreed to it, I had not agreed as I was in work. I spoke to t-mobile about this and whether it could be issued out again but it was going back to the warehouse and i'd have to wait for that to happen. Speaking to t-mobile a number of times that week I had it confirmed that the phone was returned but it couldnt be issued back to me for some reason and also that the... htc one s was out of stock for the forceable future so I could wait the potentially few weeks or I was offered 3 alternative phones as a replacement instead. After thinking about it I agreed to the replacement and by the end of jan/ beginning of february I had my new phone and my old one returned in a speacial returns bag. Great! However...One month later I find that £305 (should have been £18+vat for my normal bill) has been taken from my account. When I enquire (22/2/13) about it T-mobile are saying that I didnt return a t-mobile handset. I disagree and confirm to T-mobile that I sent back the only handset that I had and had no use of a faulty handset. T-mobile gave me no prior warning that they were taking this from me just the usual text that the bill would be avaliable online. This I feel is incredible poor customer service as no warning had been given and by taking this amount it put me into my overdraft. I have been calling since the 22/2/13 to get evidence of the IMEI number and have even said for the supposedly "non" tmobile handset to be returned to me and I would take it to an ee/t-mobile store get it confirmed in person that it IS a t-mobile handset and get my refund. It is now the 23/3/13 I've called T-mobile every week, asking the same question (whats the IMEI number, wheres the proof that it's not a tmobile handset) have been promised call backs on numerous occassions, keep being advised to call back in 5 working days and nothing has been done. I'm still approx £270ish down, going no where. Its got to the point where i've complained to ofcom and now will have to approach the CISAS. Is there anything else I can do??

Herongull

Use the direct debit guarantee to get the money refunded quickly and then go through the formal dispute procedure and onto the ombudsman if necessary to get the matter resolved.

If the dispute is resolved in your favour, keep the letter or other documentation for 6 years in case they later "forget" and send debt collectors for the money.

Buzby

Cancelling your DD is a swift way to financial difficulty. You are paying for mobile service (the SIM) and you have no right of set-off if it des not work or needs replacing - it is called a SLA (Service Level Agreement) when they agree to keep your handset working, but is not standard.

Where is the '£270 down' coming from?