How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I got a mobile phone contract , through an online company,

This answer was rated:

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
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 2 years ago.
Sent it signed for which they received
What are they saying is missing?
Customer: replied 2 years 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 2 years ago.
Hes says contract still stands untill box and items returned
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. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So basically im left with a contract to outrun as this will not be cancelled?
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.