T mobile verbally promised replacement phone but now going back on word?

HumanBlur

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Spoke to T mobile complaints department and they promised to swap out my phone (samsung i5700) as it had a tonne of problems. The main thing is that it advertised itself having bluetooth but it doesn't work due to the outdated firmware so it wasn't fit for it's intended purpose. Nor does it seem they will ever fix the new firmware.

So i complained saying that they had mis-advertised and mis-sold the phone which is against the law. They then promised me a replacement which was the HTC desire after they said they would offer me a replacement.

Now they offered me the phone and I accepted. The deal was that they would send me a return envelope to put my old phone in and send it back to them and they would send me the HTC Desire on receipt. The complaints rep said she would call me. So I sent the phone back. Unfortunately the lady i was speaking to wasn't in as she was sick. After waiting patiently on the day she was supposed to call I had to call her back but her colleagues are now saying that I do not deserve the phone as it is more expensive! Because i was expecting the phone I also bought a car dock which only fits the phone as i was planning to use it for the weekend. It has cost me many many lost hours and expensive calls too.

I believe T Mobile have broken the law at least a few times in this case.

1. They have mis-sold the phone.
2. They offered a replacement which has now massively inconvenienced me as i've been using an older phone which cannot use any of the services that I got with the contract.
3. After being promised the replacement they are now back peddling and saying that they can't (which I know is breaking contract law (they offered by verbal and sending the prepaid return envelope and I accepted by sending my old phone back))

Please can anyone confirm I'm right? From studying law and looking at consumer law I'm 99% sure they are in the wrong and should send me the agreed phone and re-imburse me for all expenses (sending the phone back, loss of use of contract and the calls to their offices).

Thanks
 
They should send you the phone because they said so, but I had this same problem. Since there was nothing in writing then they will either make you pay the difference or give you a cheaper phone. I spent too much time trying to get a replacement and they sent me the same phone that I had before.
 
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