waiting for iphone 4s

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sam2259

New Member
Nov 7, 2011
2
0
0
highgate london
i ordered my new up grade from phones 4u on the 18th oct to be told that my new phone would be sent out on the 26th as that was my upgrade due date, low and behold i am still waitin for it to arrive.
i have called them untold time to be told the same thing, that they are waiting a delivery at the ware house, so i asked if i could cancel the contract but they said i cant as it was a upgrade, which i think is unfair.
i have called o2 to find out if they have any power on cancelling it and they said no they cant do any thing.

i think its so wrong that they tell you one thing and mean another, we even cut our hoilday short as i was expecting the delivery on the 26th.

has any one got any advice as what i can do now, as i am bang my head off the wall waiting for them to even just send me a email or text to say i am even goint o get it, as i have signed nothing at all.:mad:

thanks for any help u can give, shirley
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hello

Well as of today, you have waited 13 days over the stated delivery date.
If you are paying for delivery - as they have said that it would be delivered on the 26th, and it wasn't, you are entitled to your delivery payment refunded.
(however i doubt you are paying for the delivery - but just in case)

Also as your 13 days overdue, you can tell Phones 4U, that you wish to be refunded 13 days worth of your contract payment. For example: a £50 a month contract (ex VAT) - 13 days worth = £20.97 (ex VAT) .
You work this out by the following: Contract price (divided by) 31 [days in a month] and then the result of the above (multiplied by) the amount of days overdue..

So in my example: (50 / 31) * 13 = 20.97 (rounded to 2 d.p)

You are entitled to a refund on the service you've missed, as afterall, you're paying for a service that you haven't got.
 
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Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Shirley

You mention this is an upgrade but not why the phone is being upgraded, had your current contract come to an end or were they offering an early upgrade prior to your contract ending (which they do to ensure they hold onto your business)

Obviously if your contract had ended and they have renewed it but not met their obligations in providing your phone, they are in breach of contract (don't believe it if they tell you the phone isn't part of the contract, that one has been tried in court and failed) therefore you can cancel - a contract works both ways.

If your contract hasn't yet ended you need to ask them what the situation is with your contract in accepting the phone, are you accepting an extension to the existing contract?
 
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sam2259

New Member
Nov 7, 2011
2
0
0
highgate london
hi
yes, i was with o2 with my contract to begin with for many years but some one said if i went with phone4u they do a better deal ect so i swapped when my 18 mth contract ended, and i have been back on to fone 4u and gave them a piece of my mind and was still fobbed off, and they said that im not the only one who is waiting for the new iphone 4s but there is none in the ware house and wont b until the 21st, but while i was on the fone to this guy he told me they record the conversation so i then asked if i could cancel the contract if my fone was still not in the ware hse on the 21st and this guy said it was up to me, but every one else i spoke to said i was bound into the contract.
so if the fone aint here by then i will cancel it, so many thanks for all your help.

shirley
 
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