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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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I got a mobile phone contract , through an online company,

Customer Question

I got a mobile phone contract , through an online company,
sent the phone and bits back but no box within thd 14 days , ive been in contact with these people who've said they havent got all the bit but got the phone which was all sent together, and totally refuse to termibate my contract unless the box is returned.
What do /can I do
"They will
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you send it by recorded means?
Customer: replied 1 year ago.
Sent it signed for which they received
Expert:  Jo C. replied 1 year ago.
What are they saying is missing?
Customer: replied 1 year ago.
Also sent everything back phone, charger, earphones but the original box was accidentally thrown out ,
they have , there saying the need the original box back ,
there all saying other items are missing except the phone
Customer: replied 1 year ago.
Hes says contract still stands untill box and items returned
Expert:  Jo C. replied 1 year ago.
The box is a ridiculous request. They are entitled to the other items before your rights either under the DSR or the contract arise though.
This will turn upon whether or not you could satisfy a court that you did send them back and what evidence they have that you did not. Bearing in mind that this would only be a civil matter and so you would just need to make a judge 51% sure of your account.
The reality is that they are unlikely to sue anyway. What they will do is instruct debt collectors to pursue you and possible add a default to your credit file. I don't know whether you are willing to risk that.
You could always complain to the Ombudsman
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
So basically im left with a contract to outrun as this will not be cancelled?
Expert:  Jo C. replied 1 year ago.
This will turn upon whether or not you could satisfy a court that you did send them back and what evidence they have that you did not. Bearing in mind that this would only be a civil matter and so you would just need to make a judge 51% sure of your account.

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