Jump to content
  • Tweets

  • Posts

    • Designer Anne Sophie Cochevelou decorates her face coverings with anything from Barbies to Pokemon toys. View the full article
    • Notice Before Action Dear Sir/madam You have lost the following items. 1)      P2G72688861 2)      P2G73791631 3)      P2G74330511 I understand you eventually accepted liability for these lost items and have agreed to reimburse the postage costs but not the values. You suggest this is due to my failing to take out additional insurance.   I am not prepared to accept your position and shall be issuing a summons on 18th August for £180, should you choose not to reimburse the values allocated to the items you have lost. In particular: Item 1) This parcel was damaged by your courier and rejected by the addressee. It appears rather than return the parcel and contents to me, your courier decided to throw the item away. Thus the item has become lost, and therefore (due to my not paying extra for insurance against loss), you have chosen not to compensate. Do you seriously expect to ‘lose’ an item on purpose by throwing it away, and then claim it has been lost and therefore not covered? Item 2) This parcel was lost and I made a claim. During the period of claim, the parcel was found and began to track. Ultimately being delivered (according to an email to the addressee, at 1.41 am 19 July 2020). Clearly the parcel was not delivered at such a time. You have subsequently suggested delivery was at a different time. Despite these suggestions of proper delivery, you have been unable to prove delivery at all, the addressee has confirmed he has not received the item and you have accepted the item is lost.  I do not accept you can be so careless as to lose an item twice. When I purchased this sending through P2G, I selected Parcelforce 48 as the courier. This service has a compensation value of up to £100 for loss. This is why I selected them. It appears however, you chose not to purchase this service from Parcelforce, but an alternative service purporting to be Parcelforce 48, but excluding the standard compensation.  This is not what I had purchased. I do not accept your claim that I should have paid extra for insurance for you to insure, when I had already purchased a service which carried automatic insurance. Further, the service was supposed to be a 48 hour service. The parcel was not collected within the 48 hour period, let alone delivered within it.  I consider the delays in ensuring delivery within the expected timeframe would have contributed to the loss of this item. I hold you responsible for the loss.   Item 3) This item was also subject to a claim for loss. During your investigations, this item was also found and started to track. Messages advising  "Enquiry resolved", "INT Hold" and "Out for delivery”, suggest the item had eventually been found. I do not accept you can be so careless as to find a lost item and subsequently lose it again, regardless of whether I had purchased additional insured. Indeed, the option to purchase such insurance was not available as the item appears to have been excluded from such insurance.   Yours faithfully
    • A new way to produce tiny speakers promises more robust headphones with high quality sound. View the full article
    • Hi. DX, I'm not at home and relying on a photo of the document which states: Prior to the hearing the parties are expected to liase to agree the key documets required by the judge essential for that hearing. In default of agreement the parties may identify their own key documents but will need to justify the absence of agreement to the judge, who may make costs orders consqeuent upon the failure to agree.  
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
      I’m so stressed,
      can u appeal this or should I just accept it?
      Thanks for reading 
      • 16 replies

Contract but no SIM sent (again and again)- breach of contract?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4031 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts



Just before my 18 month contract expired (Aug 08) my phone was dropped in a glass of ware by my young son. I bought a replacement contract for a new phone and my wife gave the phone to the kids to play with. She foolishly threw the sim away.


I phoned carphone warehouse to request that the contract end at the 18 month minimum. They offered my a 'free' years use for the sum of £35. Fair enough. They promised to send me a SIM so I could buy a phone etc. They didn't send the SIM. I phoned them eight more times over a month or two but it never did arrive. Some months later I phoned them to ask for my £35 back since I thought the contract was not in force because they had not upheld their part of the bargain (i.e. no SIM, no service, etc). They were rude to me and cut me off. Rather than waste another minute of time on them I thought - fine - its' free for a year, wait until that's up them tell them goodbye.


Then got a letter stating I owed them £80 9 months into the free year. Somehow I was too busy to deal with so got another a month later for £150. I wrote to them saying that I had never received a SIM, did not have a phone and therefore asked them to write off the amount owing, refund my originl £35 and possibly in addition, send me a free phone and SIM for the hassle /good faith.


So, in response I get a snotty letter stating that I had not requested a disconnect and that they'd now disconnected me so I owe them another £200. Ten days after that letter I get another threatening court action (very hasty I must say).


I'm really confused. (1) I shouldn't owe them a penny (I didn't check my online bills because I thought there were none until demand number one), (2) surely, if they don't send me a SIM then I can't possibly use their service. I've no documentation from them (but notes of all my conversations with them), and I can't decide whether they are obliged to send a SIM from original terms and conditions.


Is this as simple as I think it is? That is, I renewed the contract for 12 months, paid for a service, they didn't provide the SIM (their part) so (1) breach of contract, (2) I owe them nothing even if it is not breach of contract and the contract holds even without a phone or SIM.


They've disabled my login so I cannot see the alleged bills, and they seem to employ people who can only read from a scripted conversation.


Can anyone clarify whether this is all my own fault, or whether they are in breach / falling foul of some regulations (distance selling, sale of goods, etc). I a renewal the same as a new contract if it is on a new tariff or negotiated over the phone? Does it matter?






Share this post

Link to post
Share on other sites

Just to clarify, my wife gave the old phone to the kids and threw the old SIM away. The new phone is irrelevant.

Share this post

Link to post
Share on other sites

I can see a problem. What happened to the original SIM? IF it was still capable of being used, and someone did so - CW would not send a replacement unless you had reported it lost or stolen. Also, unless you specifically advised them you wished to cancel, this contract would continue. What do the bills show as usage for the period after the phone had been damaged?

Share this post

Link to post
Share on other sites



Thank you very much for your reply.


For reasons I don't fully understand my wife threw the original SIM in the bin. CPW were told numerous times that the sim was damaged/lost (during the minimum term) and that I needed one to continue.


Whenever I checked the bills (online - paperless) CPW account reported nothing - no bills issued - account inactive or some such. I asked about that once and they said that this was becuase there were no calls etc. I stopped checking for non-existant bills eventually. At the moment I cannot see my account history becaise they have disabled my account access.


However, I've just realised that the account also shows up in my talktalk landline login: it shows a monthly charge of £29.79 for "02 600" at least as far back as I can see (Feb this year). (The package I arranged for the 'free' year was a 75/200 min/txt deal which doesn't look like the same thing.)


I'm 99% sure that I could not see any bills via CPW web-site since their stopped being any amount due (after Aug 08). Maybe they have swapped the Tariff without letting me know so that whatever amount they credited for the years 'free' usage has run dry? I've had nothing from them in writing (not even confirmation of the new tariff I agreed which is why I'm slightly unsure if "o2 600" is correct or not). Or perhaps the tariff charge was less than what was credited to the account?


Accoridng to the talktalk bills there are no calls whatsoever in the last 6 months. (Phone originally broken two months or so before the end of the initial 18 month term). No calls since then that I know of.



Share this post

Link to post
Share on other sites

Good - at least the SIM cannot be used to tie you to the commitment. Now, the whole contract hinges on the availability of the SIM to enable you to access the service from O2's network.


IT is imperative that you note all the and times, if you have them) of any emails and calls you made requesting they provide you with a SIM. For each month they do not have the SIM you should get a compensatory bill credit - as without the SIM you cannot access their services. They won't like this, but if you stick to your guns, you'll be back on track, with the same minimum term!

Share this post

Link to post
Share on other sites

Aha! That makes perfect sense: for each month without a SIM there should be a credit / no bill.


So I presume I have two choices on how to proceed. From what you advise and that since this August (i.e.. next month) is the end of the 12 month agreement that I made for the 'free' tariff on the end of the original minimum term, I can give them notice now to end the contract (i.e. 30 days) and point out (with dates etc) that they have never sent a SIM and demand a credit for everything to date. (Does it matter that I did not phone them every month over the year for a SIM, but 8 or 9 times during the first two months after which I gave up.) I'll lose the initial payment I made but I'll have got rid of them.


Would I be better off with that approach or just point out that they never sent a SIM (with dates that I asked for one), that they are materially in breach of contract (No SIM) and therefore dispute the contract and therefore debt and demand my initial sum paid back?


The latter option seems neater but I'm guessing is more lengthy and more hassle. Would trading standards or an ADR be able to sort this out better than I?


Which of these two options in your experience would be less hassle and more likely to be over quickly?


Feeling much more positive now - thank you.

Share this post

Link to post
Share on other sites

Each has its plus points, as there's no telling how co-operative the staff dealing with your issue will be. If you stick with the fact that you full respect the contract you entered into requires them to provide a SIM that gives you access to the network, then their failure to do this creates the issue because of THEIR failling, not yours.


As long as you can point to at least a few calls or emails explaining you have no SIM, you'll be on safe ground. They have a responsibility to respod to your requests and for whatever reason chose not to. Do NOT fall into the trap of them restarting the contract when the SIM comes out - it doesn;t cost you any more, but restarts the commitment. Make sure they know any SIM they send is for the original contract taken out last year.


Leave the good news of your forthcoming termination (or possible upgrade) for another date!

Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...