Moral Dilema - Mobile Phone Upgrade

surfamakikomi

Hi,

I recently upgraded my phone with carphone warehouse to a new phone with a new tariff ( currently £24 a month would have gone up to £48). The upgrade went well and the phone was delivered to store (which I collected).

A week later I had an email saying if I didnt collect the phone in a week the order would be cancelled. I just ignored this as I had the phone. A week later I had a similar email saying the order had been cancelled.

I still have the phone but I have now had a call from the store to come in as "due to a system error" the upgrade didn't go through so I am on my old contract and they want to ensure I get the extra data in the new contract. EDIT: He did say that I could get the new contract for £39 a month.

Does anyone know where I stand here? Do I have to go back and sign the contract (as it was their mistake they gave the phone out without completing the contract).

gjchester

surfamakikomi wrote: »

Hi,

I recently upgraded my phone with carphone warehouse to a new phone with a new tariff ( currently £24 a month would have gone up to £48). The upgrade went well and the phone was delivered to store (which I collected).

A week later I had an email saying if I didnt collect the phone in a week the order would be cancelled. I just ignored this as I had the phone. A week later I had a similar email saying the order had been cancelled.

I still have the phone but I have now had a call from the store to come in as "due to a system error" the upgrade didn't go through so I am on my old contract and they want to ensure I get the extra data in the new contract.

Does anyone know where I stand here? Do I have to go back and sign the contract (as it was their mistake they gave the phone out without completing the contract).

You know the answer. Its a mistake, its not unsolicited goods as you ordered it, simple a logistics mess up.

At some point they may well do an audit and you'll be flagged up, and yes that may not happen, but better you do it than they contact you over it. They may have you on a new 24 month minimum term contract but your allowances still on the old contract terms.

Quentin

Reply saying you are happy to assist resolve their error though do expect them to reimburse you for your travelling expenses and time involved in returning to the store.


Then take it from their reply.

surfamakikomi

I have had the call from them today...

so it looks like I will have to pop in store. The guy did say that he could upgrade to a £39 tariff and would cancel the £30 fee for the phone as a gesture of goodwill ( i think they have mistaken my phone for the 16gb not the 64Gb