Mobile phone problem

[abi113]

I wonder if anyone can help, I am rubbish at this kind of thing but begrudge paying it but don't know what to put in my letters and where to send it.

I ordered a phone in August and the company,onestopphoneshop, sent it to the wrong address. The person who recieved it (another number on the street) sent it back to them saying unknown at this address as they didn't know it was for us. Onestopphoneshop refused to resend us, the correct address ,the phone so basically we have been paying for a phone that we don't have. I have paid £50 so far for the first month and the rest of £150 has been sent to debt collection agency. I have spoke to carphone warehouse(who the contract is with) - they basically think its not their problem and onestopphoneshop should be sorting this out - but they aren't. DCA said if we don't pay we go to court, they have also already put a default on my credit record. At least it seems they are not continuing to persue money every month for the contract, tho I may be wrong - the debt with the agency hasn't increased. Where do I go from here? They are still sending post to the wrong address but also sending the same letters to our address.

Any advice appreciated

abi113

[buzby]

You seem to have done your best to resplve this issue, to no avail. The vendor has a duty to deliver the handset to you - without this there IS no contract, and your at a serious disadvantage by continuing to pay. You need to send a letter to the dealer (by recorded delivery) advising of non delivery of the goods, and you consider the contract cancelled. You further request the return of all monies taken under a Direct Debit.

You then contact you bank and advise that the Debits are being taken in error, as the supplier has not delivered the equipment required to enable the contreact to be activated. At the same time ask if the payments taken so far can be returned, as you have been unable to get the dealer to deliver the goods as promised.

If contacted by the DCA, you tell them there IS no contract, and no debt because the dealer did not supply the goods, and to refer the matter back to them.

If there is no return of the money you have paid, you raise a court action (Small Claims) against the dealer, requiring the return of all money taken under the DDM (if not refunded already), and the removal of any adverse credit data as a result of their inability to fulfill the contract.

[davethorp]

OSPS despite being part of CPW have a tendency to try and rip people off be it though their cashback hoops or whats happened to you. I had a similar thing happen with bootsphones.com a couple of years ago. I ended up getting a replacement sim from the network and eventually got a new phone and a cheque for the line rental period without the phone and the cost of the replacement sim.

I think buzby has covered everything. Even if you get your money back its likely you may have to go to court to get the default removed

[abi113]

Just wanted to thank you both. I have written and sent letters to carphone warehouse, onestophoneshop and buchanan clark and wells recorded delivery this morning.
With thanks

[buzby]

That's why we're here! Keep the thread updated with the latest happenings as we can all learn from how (badly) the issue can get before resolution!