T-Mobile Upgrade no handset delivered as promised, cant cancel contract any advice?

cassie86

New Member
Jan 27, 2011
2
0
0
So I upgraded my contract with t-mobile at the beginning of the month after changing my mind about cancelling my contract. The upgrade was a 24m contract and a free handset was included. I was told the handset would be delivered on the 10th Jan.

After not receiving the handset I contacted T-mobile & was forwarded to Royal Mail. To cut a long story short the handset had been marked on RM tracking website as delivered (no signature present). It turned out was sent to the local delivery office and their system had defaulted to delivered. After 3 visits to the RM delivery office and phones calls to customer service I was told they were sorry they had 'lost' the handset upon delivery to the sorting office. I've kept T-mobile up to date with all of this and after eventually receiving confirmation from RM that they'd lost the handset I informed T-Mob. They contacted RM to get confirmation of this and I was told by T-mob a new handset would be sent out and they would make a claim with RM and to expect a call back for confirmation of this being done the following day.

I never received the call so called them back, I was then told, no handset would be sent until 'I' filled in a claim form to make a claim against RM and sent it back. Only once the claim against RM is resolved will I then be sent a handset. Being frustrated at this point I questioned why I had to make the claim against RM as I was not the sender, T-mob have already changed my contract on their system and I am now paying for the new price plan. I asked about my rights to cancel since I hadn't received the handset as part of the contract and was told no changes would be made to my account until this claim goes through and I have to continue paying!!!

My question is shouldn't T-mobile be responsible for the claim against RM as it's their delivery provider? I've also looked up the claim form online which requests information from the sender on the time, place, date and cost of postage (I don't know this information, only T-mob do as they sent it!!!!)

As for me, I should have been giving a 7 day cooling off period in which I could cancel the contract on receipt of the handset (which I was told by T-mob). I never received the handset so as far as T-mob are concerned they cant tell me where I stand with this I'm stuck in a 24m contract without receiving what I signed up for?

T-mobile are aware this handset was never received by me so there's no question that I have it.

Are they in breach of contract by not having a new handset sent out to me, can I request cancellation on these grounds or give a deadline for them to send a handset?

Any help or advice would be much appreciated, I don't want to end up paying for this contract when they've broke their end of the deal (their fault or not) or wait months and months for this to be resolved when they're aware I never received the handset and have no signature for delivery of package.