]Hi all.

In October of 2012 I ordered a Iphone 4s from t-mobile on a 30 (odd) pound a month contact for 2 years. The draw for me was the unlimited text/minutes/web, while speaking to the chap from t mobile. I asked about insurance and he said that at the time they were between insurance agencies and that the new policy would not be going live till the following week. I asked him if he could sign me up when the insurance was available. He said that he would and that I need not call back.

Anyway phone arrives and the contract/phone worked great. fast forward 5 months... I went out last Saturday morning very early and thought I left my phone at home.... turns out I left it in the taxi. I tried to call the taxi but as it was a black cab and there are a zillion of them I was unable to.

I called up T mob and explained the situation.I asked to make a claim on my insurance and they said I didn't have any although the chap on the phone said I am eligible for an upgrade and I should go into town to the nearest tmob shop and get my FREE and replacmemt Iphone 4s. went into town and the guy in the sho[ just laughed at me. turns out I am not eligible for an upgrade. so I called tmob back and the 3rd guy I spoke to said that I was not eligable also he would call me back at 5:30pm as he was going to try escalate the situation. 9am the next morning I am still waiting. so I called them back again and then explained the situation. the lady I spoke to then said that there was no way I could upgrade unless I wait till the 31st of the 6th month and pay a early upgrade fee. I asked to speak to a manager and after a little hasstle I managed to get through to a manager asked to make a claim on my insurance and they said I didnt have any and they are not going to do anything about it however she actually did try and help. she was going to try get the insurance added on so that I could make a claim. no luck there..... she then said that I could upgrade for a early upgrade fee.... my alarm bells started ringing... i asked how much? she said between 450 and 500 pounds.... I explained that that was not an upgrade however it was a new connection and requested she tell me the truth and not dress up things to make them more appealing. I refused it. she then said she would try and see what they could offer and she would call me back... that she did but they said that there was nothing they could do but give me 2 months free line rental. I didnt take this as I would not want them to use it as a "well we offered you something and you took it" excuse. She even admitted that it was T mobiles fault and that they should be held responsible.

I was instructed to write into their customer relations department and request it in writing. I am prepared to do this but I just feel it is going to be a fob off.

I am more then happy to pay a small (and I mean small) fee for a replacement (meeting me in the middle) I even though about taking out another contract for where the phone would be chargeable (minimally) and they reduce my current contract to match what I am paying now so Id have 2 contracts but the same amount of outgoings. if that makes sense.

I am going to write to them but I don't know exactly what my rights are... please if anyone can help I would be so great full I don't want them to walk all over me. I f they refuse then I will see that as a breach of contract and thus leave the current contract null and void. also I will be going to ofcom and twitter about the issue.

am I right?

ps I am aware of the numerous spelling mistakes. I had to write this in a hurry.

Not really an Insurance question. More legal/consumer protection. It may be worth talking to the relevant ombudsman that T-Mobile use for complaints to seek their advice. Also Citizens Advice now have a helpline (number in this link)

http://www.tradingstandards.gov.uk/extra/contact.cfm?frmAlias=/contact/

thanks I have reposted it there