Need some Advice.

[Swoosh84]

Recently I have taken out a contract phone with BuyMobilePhones.net.
The reason for this is I wanted the free gift which was a TV. After singing up and being accepted I was sent an email telling me about how to claim for a free gift and that I would need certain identification, identification which I do not have. The other way to get the gift was waiting 2 months for bills. But since my TV is broken now I could not afford to wait 2 months.

I originally ordered this product on the 4th. I then sent an email to BuyMobilePhones.net stating that I was going to return the phone to sender and that my contract was to be cancelled. The postie came on the 5th and I instructed him to return this to sender.

3 Days later I received an email about there cancellation procedure.

I then received a confirmation from Orange that my DD has been set up; I received this on the 10th. So I sent another email to say that my Account was to be cancelled immediately. I never received a reply to this.

Yesterday (17/07/200 I received a letter from Orange; it was a £40 bill. Again I sent another email pointing out the fact that I had instructed then to cancel this twice before. Both within the 7 day grace period allowed. I also emailed Orange at this point to make them aware of the situation.
BuyMobilePhones.net got back to me stating that they have not yet received the phone and are chasing Royal Mail for this and are telling me that I may not be able to cancel the contract as it is now 14 days into the contract.

So where do I stand? Am I now stuck in a contract even though I informed them on day one of the contract?

I know I have the right to cancel within 7 days which I exercised with them but they never told Orange so who would be liable for the contract?
I am still looking for a contract and will be going with Orange on the exact same plan but I am considering a different free gift and phone and a more reputable company!

Any advice would be appreciated.

[OrangePrimate]

Hi, sorry for the problems you have been having (and even more sorry your TV is busted!!)
If you refused delivery of the equipment and it remained with Royal Mail then you are fine. Once you sign for it, you then have the 7 days to cancel/return. It looks like you have covered all your bases by notifying the dealer that you would be canceling and refusing delivery. The fact that it has got 'lost' between the Postie and the dealer is not your concern.
Orange will be able to see that you have not used the equipment, but would suggest you ring in - not write - and get the account noted that you have never recieved the goods and are just waiting for the dealer to cancel the contract. dont pay anything as it will all get adjusted.

Please take no notice of the dealers claims that it has gone over 14 days so cant cancel - they are talking rubbish!! you never took delivery of the goods so therefor you never accepted the contract!

keep us posted, good luck!