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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I've recently taken out a new mobile phone contract and I purchased

Resolved Question:

I've recently taken out a new mobile phone contract and I purchased an offer which included a set of branded earphones. I placed the order on 22 March 2016 and have received the phone, but still not the earphones - it's now 18 April. I've contacted the mobile supplier 3 times and having been told various things such as the earphones would be dispatched, I would receive a call from a team leader etc nothing has happened and I still haven't received them. I've now past the 14 day cooling off period, but do I still have any rights to cancel the contract due to them not delivering what I bought!? I'm sick of their shoddy customer service and I fear I'm never going to receive the product I bought.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
I presume the phone has been delivered?
Customer: replied 1 year ago.
Yes it has.
Expert:  Jo C. replied 1 year ago.
Sorry for the delay. The earphones were not offered as part of that contract I presume? This wsn't an inducement to buy?
Customer: replied 1 year ago.
Basically the earphones were offered at discounted rate from RRP. To purchase the phone with the earphones cost £90 up-front then £55 per month thereafter, to buy the phone without the earphones then the up-front cost was £10 and £55 per month thereafter. So I have effectively paid £80 for the earphones which I haven't received even following repeated calls to their customer services. I imagine the earphones are probably not part of the contract per se, but I was wondering what my rights are given that I'm getting nowhere with them and getting very frustrated in the meantime.
Expert:  Jo C. replied 1 year ago.
Yes, I understand. I don’t think you could make the ear phones part of the contract with the phone though I’m afraid. At the very highest point they were a discounted inducement. Failure on that point does not allow for cancellation of the phone contract. The phone contract is obviously one that has locked in now as you are past the cooling off period. You could cancel the earphone contract. There is no excuse for just not delivering. If you want the earphones then you could demand that they send them out within a specific period of time and in default demand a refund. Can I clarify anything for you? Jo
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Customer: replied 1 year ago.
That's what I expected. It's a shame how these large corporate monopolies get away with such poor customer service time and time again.Thanks for your help.