Free gift bundle with mobile phone contract not dispatched

poolmat

In March I took out a phone contract with Mobile Phones Direct which included cashback and a PS4 gift. I received the phone with no problems and everything was set up fine. Unfortunately I then did not receive the PS4 gift and, after the required 30 days before contact was up, have now contacted the company numerous times only to be told that it hasn't been dispatched, they don't know why as it should have been and are currently investigating by emailing someone who doesn't respond to them. They then promise to call/email me later the same day or the following day and never do. I have also asked why they can't send another one out but they apparently need to establish why the first one hasn't been dispatched. I have started a resolver process to ensure my dealings with the company are recorded from now on but I am interested to know where I actually stand on this and how the escalation process would work. If they don't supply the gift have I been mis-sold the product, do I complain to an ombudsman and which one etc? Also I have tried to find similar experiences on the internet but no one seems to have had one. Any advice would be greatly received. Thanks.

grumbler

There is some new retail ombudsman, but I think it's much easier to deal with the Small Claims Court, especially as MPD are unlikely to be a member of the new scheme.
Start with sending MPD a letter before action giving them, say, 10 days to fulfill their obligations and advising them that you are submitting a claim to the SCC otherwise.

christaitfife

Free gifts such as these are worded as such in the agreement you make to get your contract. As such, the company will likely tell you that they are under no obligation to give you the gift.

Am I right in thinking that the contract you agreed to was more expensive than the standard handset & plan would have been? If so you would likely be able to argue that it was an intrinsic part of why you are paying £x and is an included extra and not a free gift.

Now, you have a challenge as the free gift is likely to come from MPD and not the network. Your network will only be contracted to supply the handset and airtime,

With mobile networks as long as you are using the service you legally don't have much of a leg to stand on - in court they would simply state that you must have been happy with the service as you kept using it. I would suggest switching your phone off and removing the sim. Then write a letter to MPD stating that as they have not fulfilled their agreement to you you wish to return the handset and sim for immediate termination of your contract - tell them that your phone has been switched off and the sim removed. Copy-in your airtime provider.

If that doesn't work - go to the small claims. Just make sure that you do not use the phone or sim. If you do, you would not be able to argue that your package was "not fit for purpose".

grumbler

christaitfife wrote: »

Free gifts such as these are worded as such in the agreement you make to get your contract. As such, the company will likely tell you that they are under no obligation to give you the gift.

Nonsense. It doesn't matter that it is called 'gift' or whatever. The contract says that they have to supply it and they are under obligation to do this.

Now, you have a challenge as the free gift is likely to come from MPD and not the network.

Yes, it's MPD.

...Then write a letter to MPD stating that as they have not fulfilled their agreement to you you wish to return the handset and sim for immediate termination of your contract - tell them that your phone has been switched off and the sim removed. Copy-in your airtime provider.

The provider doesn't care about any 'gifts' and will rightfully trash your credit history if you don't pay.

If that doesn't work - go to the small claims. Just make sure that you do not use the phone or sim. If you do, you would not be able to argue that your package was "not fit for purpose".

The phone and the sim have been used already. Stopping using them won't change anything except causing extra inconvenience to the OP.

Silk

christaitfife wrote: »

Free gifts such as these are worded as such in the agreement you make to get your contract. As such, the company will likely tell you that they are under no obligation to give you the gift.

The T&C's in the contract bind them to giving the free gift ....even if the gift is not available they have to provide one of the same or higher value.

poolmat

Thanks all for your advice. I was considering that SCC might be the only way but today out of the blue the PS4 was delivered. I'm not sure whether this was just sorted or whether the impending resolver deadline had anything to do with it but its all good. Thanks again.