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    • FeeFee
    • By FeeFee 9th Nov 19, 7:44 AM
    • 211Posts
    • 2,955Thanks
    FeeFee - need advice!
    • #1
    • 9th Nov 19, 7:44 AM - need advice! 9th Nov 19 at 7:44 AM
    In an attempt to minimise cost when replacing my 7 year old phone I ordered a new contract via
    On receipt of the package 2 weeks ago the package contained an empty box - no phone, no charger etc
    I tried to navigate their customer services and when getting nowhere I lodged a case via resolver, where I finally started to get response.
    The company have now told me via resolver that their investigation has found that the package was sealed on delivery (it was - I told them that!) it is now a civil matter and I have to contact the police and O2 to request cancellation of the contract.
    This is unacceptable to me as they are in breach of their contract as they failed to send me what I ordered.
    Any advice anyone?
Page 1
    • mobilejunkie
    • By mobilejunkie 9th Nov 19, 8:36 AM
    • 8,256 Posts
    • 2,856 Thanks
    • #2
    • 9th Nov 19, 8:36 AM
    • #2
    • 9th Nov 19, 8:36 AM
    Why do people think the police will give a damn? They won't.

    If you cancel the contract you would have to return the phone - which you cannot. It's therefore a question of proof. You need to prove the box was empty - and that's going to be your word against theirs. Best option - send a well-written LBA to CPW T/A demanding that they either immediately cancel the contract without charges or penalties and/or supply the phone without delay.

    If they don't comply within the timescale you set you will then either have to put up with it or sue (I wouldn't without proof). You could cancel the contract with O2 and then argue with CPW about the cost of the phone you didn't receive. I would think they would make a charge to your credit or debit card, but (espeically if it's a credit card) you could dispute the payment with the card company. You should do that within 14 days of the box arriving - or better still, of the date you placed the order since O2 won't know when it was "delivered".

    The IMEI number would enable the phone to be blocked and/or possibly traced.
    Last edited by mobilejunkie; 09-11-2019 at 8:40 AM.
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