Dialaphone charged me for a phone i didn't order

[jlroberts15]

I have been having immense problems with Dialaphone; last year i purchased a mobile phone from them and the line was with 3G. Then 3 or 4 weeks later i recieve another phone to the same location that the other one was delivered to, which meant that i didn't know about it until 2 months later. When i finally got the package i called them up to ask them what it was about and they explained i had received a free phone for being such a good customer, i said i didn't want it and they said "Well you may as well take it as it is absolutely free". So i kept hold of it (i haven't even opened the box) and one week later i noticed that an additional direct debit had been taken out of my account. I called them up (this was 6 agonising calls later to which i was on the phone for between 15-45 minutes), then the first lady that i got through to hung up on me when i pleasently explained i wanted the matter sorting out "Right now". The second lady that i got through to (after another 2 calls and 30 minutes later) was very pleasent and promised me that i would get a call back from her boss the very same day. She called me back one week later (when i was on holiday and asked me to call her back). And you've guessed it i tried to call back (but 5 calls later i got severley annoyed and wrote an email instead, which also wasn't replied to. Basically when i did get through to someone they explained that because i had missed the 30 day period for sending the phone back then i would have to pay the money that was due. To which i explained that it was fraud to take money from someone's account without authorisation. However because the line was with 3G they contacted a debt collection agency as i refused to pay. The agency then advised me to pay the debt and take it up with 3G/Dialaphone so it wouldn't affect my credit rating. Has anyone got any advice about what i can do about this? Has this happened to anyone else?

[kevb0444]

Hi..i've had problems with mobile phone companys in the past (not the same problems as you) and they seem to think they can do what they like as (as they love to keep reminding you) you signed a contract with them. This is of course a load of poop and i found a quick call to my local trading standards and a group called Offcom soon brought the phone company (Orange) back in to line and things got sorted out fairly and properly. BTW if you have a dispute with a mobile phone company they are surposed to issue you with a "deadlock" letter before they take action like contactig a debt collection agent. Always ask to speak to a superviser when calling them and always as to "escerlate" your complaint if you are not happy with what they say. Keep on at them, don't let them try to kid you. If you ever get a "deadlock" letter then contact a group called CISAS who will kick the phone companys butt if you have a good case. Good luck.

[Mortartube]

According to a consumer expert on radio 2 last week. If you are send unsolicited goods (i.e you didn't order them), by post you can consider them a gift under UK law. This law was brought in specifically to stop people just sending stuff out to people and then charging them for stuff they never ordered. I'm sure that your local trading standards office can give you the relevant info.As this is a gift under law, the debt collection company are trying to collect a debt that doesn't exist. Explain this and tell them that if they continue to contact you, you will take legal action against them for harrasment and tell them that you will be pursuing damages and costs. That may do thre trick without going any further.

Good luck.