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Mis-sold T-mobile upgrade, was NEW contract


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Last week I bought what I thought was a T-mobile upgrade online from a company called Mobilephonesdirect.

I was a little confused by their website and so used their 'chat client' which is built into their website to ask which button I press to buy an upgrade.

I completed the purchase and as part of the checkout process I was asked to enter my old T-mobile number (which I would expect to do with an upgrade).


After 2 days of new phone ownership my old T-mobile number had not been 'ported' across to the new phone so I contacted them via the 'chat client' again.

The response was that I had taken out a NEW contract and not an upgrade, and that my only option would be to try to return the phone within the 7 day cooling off period which incidently ends tomorrow.


I contacted T-mobile directly to see if they could cancel my old contract (which is over 18 months old so is cancellable) and port my old number accross to the new contract which would have solved all the problems... NO they couldn't, the number would be lost for good, and they suggested I just cancel the new contract and upgrade through them instead.


My problem is that Mobilephonesdirect won't accept the phone back as the seal has been broken on the box and the phone used for 6 days, this apparantly means I have accepted the terms of the new contract, even though I was only using the phone as I expected my old one to stop working when the number was transferred.


I'm now stuck with 2 phone contracts, the old one can easily be cancelled but I will lose my number which is printed on all my company stationary and is still known by customers from years ago and often gets me repeated business (I'm a self employed lorry driver).


How can I get Mobilephonesdirect to take back this phone and cancel this new contract?




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It's 7 working days cooling off period. I'm pretty sure you can return it even if the phone has been opened.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)


Or send a cheque or postal order payable to Reclaim the Right Ltd.


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Who thought it was an upgrade...? You or the firm? Many 'deals' are available only to those who sign up to a new contract NOT an upgrade - and the way they control this is to restrict the migration of numbers between accounts. You won;t have to lose your number, you simply port it to any PAYG SIM, so if theres is any dange of additional cost whilst you try to resolve the issue, protect the number by getting it locked into a pre-pay SIM in the meantime.


For your rejection of the new phone to succeed, you would have to be able to prove the purchase was conditional on the migration of your original number. If you dcid not, then you would possibly find it a hard slog to reject the contract - however as mentioned earlier, the fact the phone has been opened is immaterial. Using it does not lessen your claim of wishing to terminate, and if you purchased it online, the DSR also applies.

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