contract void, can i keep phone??

matt-l-p999

Via phones 4 U on Sunday, i got an upgrade with dial a phone in store on the phone, for a sony xperia Z2, i had to change my address to match my bank details on the same day so i could pass the credit check, i did this ok and all went through ok..yesterday i received my phone and noticed the new SIM card didn't work, i have called them today and they say i have to return the phone as the credit check hasn't gone through on their system and they have cancelled the contract...i have not signed anything in store, so am i in my rights to keep the phone as it is not my fault they have sent me it without it all being clear on their system first, what would they do if i didn't send it back, i am not in contract with them if it is void...
Any thoughts?
Thanks

grumbler

If the contract is void both parties have to be put into the same position they were originally. So, no you aren't in your rights to keep it.

What will they do? You try and tell us later.

matt-l-p999

OK thanks, well i just thought they have sent me a phone without me passing their credit check, i am in no contract with them, so it's not my fault they sent me a phone for nothing, just don't know what the consequences will be haha.

Nodding_Donkey

The contract isn't void, they have cancelled it. Ask them where in their terms and conditions it says you have to return the phone if they cancel the contract.

matt-l-p999

yep that's fair enough, can't see anything in the terms they sent me, will contact them

silentkiller

I don't think you are in your rights to keep it - I mean you can but it wouldn't be the moral high ground.

I'm not judging by the way - just saying.

The only thing is the phone would ultimately become useless to you if they decide to bar it (which they probably will if you don't return it to them whether they agree it or not) and then you will have a very expensive mp3 player on your hands.

let us know what happens though, would be interesting to know.

grumbler

silentkiller wrote: »

...
The only thing is the phone would ultimately become useless to you if they decide to bar it (which they probably will if you don't return it to them whether they agree it or not) and then you will have a very expensive mp3 player on your hands.

I don't think that p4u / d-a-p can bar phones (unlike networks).

Farway

And watch out for trashed credit rating, which from OP sounds trashed anyway

Morally you should return it, why would you honestly think it is yours?

grumbler

Farway wrote: »

And watch out for trashed credit rating,

P4U can't trash it unless they go for CCJ.

gjchester

matt-l-p999 wrote: »

OK thanks, well i just thought they have sent me a phone without me passing their credit check, i am in no contract with them, so it's not my fault they sent me a phone for nothing, just don't know what the consequences will be haha.

You entered the contract for the phone even if it was later cancelled, and the phone was sent, so you can't claim its unsolicited goods.

You have been asked to return the phone (and it should be at their cost) so by holding on to it its techincally theft, but it wiould never get to court.

The Sites T&C are pretty clear that the goods are supplied as long as you enter a contract, I'd agree that as they cancelled the contract rather than you its slightly muddied the water, but even so you have not entered into the network contract so could be liable for the cost of the device if not returned.

Supply of goods.
Unless we have specifically agreed to sell you goods on a standalone basis we only agree to sell or supply goods to you on the basis that you enter into a network agreement to connect the goods we supply to a network for the specified minimum period on the particular network and tariff that is associated with the goods.


If we deliver goods to you (other than on a standalone basis) and you do not enter into the associated network agreement or you cancel your agreement AND do not return the goods (as appropriate) to us we will charge you the retail price of the items delivered to you. Our price list is available on request.

Best otpion is to get them to pay for the return postage and sent it back, making sure its going by a tracked service, anything else is likely to give you issues of one sort or another further down the road.

macman

Am I the only one to wonder why your bank address details didn't match your actual address?