How do I refuse delivery of a mobile

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I cancelled my contractthat had come to an end with three mobile.
I was offered the world from three who where very pushy but I insisted on thecancellation.
At the end of the call I asked again for confirmation of cancelation and wasassured my contract had been cancelled.
Then 3 days later I got a call from three again asking me why I was consideringcancelling my account.
I reminded the agent I was not considering but had cancelled 3 days earlier. Hethen said that was not the case but it was still in the process of beingcancelled, But he then went on to offer me a new Samsung galaxy three for £85000 texts 300 minutes, I queried this I said it cant be a Samsung galaxy threedid he mean a Samsung galaxy 3 mini he then said yes that was it a mini. Asthis seemed like a good deal I went for it, But asked for a message to confirmall the details.
I got the message 24 hours later but the mobile is not the Samsung galaxy 3mini but a Samsung galaxy fame which is a very poor mobile on looking at thespecs. I have therefore been miss-sold a mobile over the phone.
My question is can I refuse delivery and would refusing delivery cancel thisnew contract.
If I refuse delivery do I have to ask the courier for a note saying the mobilehas been returned thanks.

[teaboy2]

Re: How do I refuse delivery of a mobile

Best thing to do is contact three, explain what you were told, and that the phone was therefore miss-sold to you and that you will be refusing delivery, and that you are enacting your right to cancel under distance selling regulations. They are therefore to cancel you order, and the contract has therefore not been renewed. If they attempt to claim otherwise of attempt to take monies from your card (cancel the direct debit) or by passingf you details on third party debt collectors, for sums that are not actually due, then you will take legal action against them.

If they later claim the phone was not returned to them. Them remind them it was miss-sold you refused delivery of the phone, and regardless of whether it was returned to them by the courier or not is their problem not yours, and in any case any goods received that where miss-sold to you and therefore not what you were expecting would be deemed as unsolicited goods to which you can not be binded to under contract anyway, nor do you have to pay for them.

[labman]

Re: How do I refuse delivery of a mobile

You may find this link useful:

http://dshub.tradingstandards.gov.uk/

:beagle:

[wales01man]

Re: How do I refuse delivery of a mobile

Expensive Galaxy 3 for 85000 pounds a stated in first post? my Tesco phone was atenner

[enquirer]

Re: How do I refuse delivery of a mobile

Conduct all correspondence in writing.