Mobileshop.com - need help!

06869524

Hi,
Entered a contract via the Mobileshop.com for an O2 sim deal with new Galaxy Note 2... Deal looked great and I was pleased that it had a 5 bar signal for my location (main selling point).
Pack arrives, phone was clearly used prior to arrival, seals were broken, ear phones missing but ear buds present, phones plastic covering was crumpled - looked a mess... so contacted them and was sent a courier "swap"... replacement had "contents checked" stickers over the "do not accept is seal is broken" tabs... phone again was clearly used but after contacting the company again they fobbed me off with "contents are checked before dispatching to customers" blurb... so thought I would just have to stick with it....
So.. I'm on my 2nd used phone which should have been brand new and the signal is 1 bar, have to stand outside most of the time and struggle to hold a call due to being cut off - O2 tell me that their site is just a "guide" which it does clearly state but it is also clearly miles off from being 5 bar signal so my main reason for opting for the O2 deal is pretty much pointless but seeing as all other OP's are poor I decide to stick with it....
Now over 2 weeks ago, the phone started repeatedly resetting itself.... I checked online and it said it could be a "bad app" so uninstalled the 1 app i had actually installed but same problem... took battery out - same problem.... reset to factory settings... same problem.......
Tried contacting Mobileshop.com but their email address came up with -
This is the mail system at host mail3.twsl.co.uk.I'm sorry to have to inform you that your message could not
be delivered to one or more recipients. It's attached below.
For further assistance, please send mail to postmaster.
If you do so, please include this problem report. You can
delete your own text from the attached returned message.
The mail system
<enquiries@mobileshop.com>: maildir delivery failed: "The user you are trying
to reach is over quota. Please try again later."
Started to panic....
Put this to them via their Facebook page.... was eventually told that I would receive a call the following day from a Tech.... was told this repeatedly over a few days - never received any calls.... in the end they said via FB message that they would refund the costs for lack of service while the phone was down and replace my phone with an actual "brand new phone"..... At last (I thought)
Now though, they want me to return the phone (at my expense) for tests - so I will be out of pocket and yet again without a phone or the service I am paying for.... Literally had enough now as this has been a nightmare since day 1! 5bar signal = 1 to 0, New Phone = clearly used/faulty and the company who I am stuck with has diabolical customer service.
I want to know if I can get out of this contract as I feel that I have not received what I was supposed to get from the start, they have not forfilled the contract and keep telling me porkies.....
What can I do?
Thanks

mobilejunkie

Since you've used the phone(s), not a lot. You could contact the phone manufacturer, but either way it will be dealt with as faulty and you will only be entitled to a repair (or possibly a replacement phone if it's not been too long). Had you cancelled within 7 days of receipt without the using the phone you would have been ok. Check the t&c but it's most unlikely they will offer anything more.

grumbler

It's about using the services, not the phone.
Nowhere in the DSR does it say that the item can't be used.
However, the services contract can't be cancelled after starting using the services.

06869524

What are my options?

06869524

need advice please peeps

grumbler

Contact them and arrange the phone to be repaired or replaced.
After letting them to fob you off for so long and using the phone and the services meanwhile I don't think that you can cancel anything.

06869524

grumbler wrote: »

Contact them and arrange the phone to be repaired or replaced.
After letting them to fob you off for so long and using the phone and the services meanwhile I don't think that you can cancel anything.

Not been able to use the phone and thus not able to use the services as the phone repeatedly resets if you even try and use it... made them aware of this weeks ago and now after several fob offs and excuses it has been "This has been escalated to the highest management for you. They will be getting this resolved for you."