Carphone warehouse contract

Gigiwils

Any advice gratefully received. I upgraded my phone in November with CWH, I did not receive the phone, they tell me I did not receive the phone. I was told that when the phone was returned to CWH the contract should automatically cancel but after numerous calls to CWH and promises of the contact being cancelled and that the 6 months payments would be refunded I am still waiting. Have had to pay the £36 per month to O2 for 6 months for a phone I do not have as O2 say until CWH send them a cancellation notice they cant cancel the contract. Any ideas?

grumbler

Did you receive the SIM?
Any proofs of what they told you?
Why do O2 tell you that you can't cancel the contract?

Regardless, send CPW a letter before action giving them, say, 10 days to refund you with everything you paid and to cancel the contract. If they don't do this, submit a claim to the Small Claims Court for the full cost of the contract .

• Small Claims Court

Gigiwils

Thankyou for your quick reply.
No sim received. O2 said until they receive cancellation from CWH,then if I cancel I would have to pay the outstanding £540 for the phone contract.
No proof as all over the phone, but they do say all calls are recorded?
Will send letter tomorrow. Many thanks

mobilejunkie

Without proof you are in a very weak position. If the sim was never used by anyone else who did receive it that might help, but CPW sims come activated so as far as O2 is concerned it's a valid contract.

grumbler

mobilejunkie wrote: »

Without proof you are in a very weak position.

It's CPW who has to prove that the phone and the SIM were delivered, and they don't even deny that they were not.

mobilejunkie

All over the phone. They will need it in writing.

grumbler

Delivery isn't over a phone and CPW has to prove that the phone and the SIM had been delivered to the OP.
Yes, CPW needs a physical proof, not the OP.

mobilejunkie

Since the OP would be doing the suing CPW don't need anything until that point.

grumbler

Until what point? Of course, they need the proof only for the court if they don't want to part with their money.

Who will "need it in writing" and what exactly?

mobilejunkie

That's assuming the OP takes it that far.

Gigiwils

Thanks for your comments. When I call CWH they say it is in the system that the phone was returned to them. The last time I called I was told I was outside of the 14 day cool off even though I've been calling since the phone failed to arrive. I will try writing to them as you suggested.