no upgrade, no contract?

gunslingerOK

Hi, would anyone know my legal standing here?

On Tuesday I rang my mobile phone company and (as my existing contract had expired) requested an upgrade phone. Anew phone was agreed upon as was an 18 month extension to my contract.

I was assured that, although there was a post strike on, my phone would be delivered the next day, but they could only say between 0730 and 1830.
So I stayed at home that day, all day, no phone.

I phoned their customer services and was given a number for the delivery firm. When I rang this number I was informed that their offices were closed for the evening about two hours previously.

I rang the next day (11th), only to be informed that the order number given was not sufficient to track the delivery.

I rang their customer services once that day and again the following day. Both times I was 'transferred' to a department who could help to track the delivery, but was left on hold for half an hour and then cut off.

Frustrated with this shoddy service, and still no indication of if or when I might get a new phone, I rang to cancel my contract. I was informed that I could not without paying a penalty of £290. I argued that any contract extension was dependent upon a phone upgrade that had failed to happen. Their representative disagreed.

I still maintain that with no new phone, it is perfectly reasonable for me to cancel my contract. As their representative would not let me do this, I have cancelled their direct debit instruction with my bank.

What do you think should happen next?

dmg24

You would have seven days to cancel the agreement under the Distance Selling Regulations. Which company is it? I am surprised that they are arguing with you on this?

gunslingerOK

Thanks DMG,

I have just read up on the Distance Selling Regulations and they do seem to cover my situation.
My worry would be that they might argue that I could return the phone in 7 days, but the contract was not 'sold' to me but merely extended.
I shall wait and see if they get back to me, as I have emailed them about whole situation and the DD cancellation.

gunslingerOK

oh, and T-Mobile are the company

reehsetin

quite a few people have had this problem, basically, as far as the phone company are concerned the only the phone/physical good is covered by the distence selling regulations as your not recieving anything new a new physical product that you need to inspect the 7 days cooling does not apply to extending the talkplan,

i dont think anyone has managed to find a full answer but think your main bet is to complain to head office for common sense that you wanted to extend your contract with them due to the handset upgrade

dmg24

I have just upgraded with T Mobile (sort of!). I agreed a reduced line rental and a twelve month contract rather than the previous eighteen months. I ordered a phone and was not keen on it, so called them within seven days and am being sent a returns envelope. Also, my tariff is going back to the old one until I decide which new phone I want.

Perhaps the key is varying the contract in some way?

Unfortunately I didn't note the name of the person that has sorted it for me, or I would have sent you the details.

I would call them again. Hopefully you will get more sense from the next person.

proplusplus

Distance Selling Regulations provides for 7days to cancel an upgrade. cancellation of an upgrade cancels not only the phone, but the agreement to the contract extension.

You can request that the item not yet delivered be rejected or refuse delivery. This automatically should then get returned to the depot of the mobile company and your upgrade returned to it's original status within a few workign days. Fone up, and request this to happen, or at least be noted on your account that you are having issues with the receipt of the handset and cancellation under 7day money back policy.

There may be a couple of things for you to do in relation to returning the handset, and i would def call up.

Generally upgrades are done by a courier company, now if this was Parcel Force it may have been affected by the strikes.

If you're generally happy with your network (minus this little issue) i'd kick up a little fuss, and request a bit of compensation (escalate this to a line manager or further if necessary) a little £30 credit or something you feel comfortable would be good. It's something which will happen occassionally probably on all networks, so don't be too agrieved by the situation (although i understand it is VERY annoying to waste a day.)

Best of Luck, and make sure you take action within the 7days.

proplusplus

bw1972

interesting.

tmobile sent me the wrong handset last year when upgrading my contract.
I sent it back and now i have another 10 days on my contract as they now stated my "new" contract only started once i had accepted the 2nd phone. i was a bit annoyed and kicked up a fuss despite being told tough as i lost out twice thru their error.
In the end they begrudgingly offered an upgrade, i didnt take them up as want the new SE phone and they werent rententions team so no decent rental offer to go with it.

i think you should do what was said - best of luck.
iam probably offer to orange unless they offer a decent contract next week as the deal is so much better on a 18m contract.

proplusplus

bw1972 wrote: »

interesting.

tmobile sent me the wrong handset last year when upgrading my contract.
I sent it back and now i have another 10 days on my contract as they now stated my "new" contract only started once i had accepted the 2nd phone. i

yes, generally the way they work out the 7day period is from when you 'receive' the handset. Now this tends to be next working day/within a few days of upgrade (depends on delivery time of courier)

The problem arises with when the delivery goes 'missing' or is noted as delivered, but actually is not. So if you wait 30days and kick up a fuss, the company will tend to say 'you had 7days' blah blah blah.

So it is cautious to call up within the intial 7days, when theoretically it is only 7days from receipt of the handset.

(it should be noted that i think the 7day distance selling regulations tends to be on products which include a purchase - ie the handset >> if you agree to a non-handset contract extension [generally with cheaper line rental/more minutes because you have not requested a handset] then i'm not sure the 7day money back is applicable)

proplusplus

gunslingerOK

Thank you all for your replies so far.
I have emailed T-Mobile explaining the situation, and if their auto-reply mail is to be believed they should be in contact tomorrow.

gunslingerOK

T-Mobile rang this morning and in a far more sensible conversation admitted I was free to cancel my contract. Was there anything they could do to keep me?
The funny thing is they still have no idea where my phone has got to.