T-Mobile Upgrade Nightmare

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NHLSlugger - 03 Sep 2006 06:30 GMT

Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
and of course had to go for a new 2 year contract; I had just finished out a
one year. The phone did not get reception at all here, one bar or none. I
called and they said if I returned it postmarked by the next day that I would
get a credit and revert back to month to month. I do intend to cancel due to
coverage issues where I'm moving to.

However, the phone was returned with postal service tracking and insurance,
and they can't find the phone. I am out a new phone, but the charge is still
on my bill and since it's 'missing' they won't credit me unless they find it.
This also keeps me in a 2 year contract until or unless they find the phone.
The postal tracking states it was delivered 2 weeks ago this coming Labor Day.

So in order to leave TMO at this point I would have to pay them for the
normal service which I expect of course, but also the $120 for this phone I
don't even have anymore that they lost, and a $200 early term fee. Where I'm
going to move they only have roaming for a portion of the area or no service
at all, so I can't see staying with them anyway.

So, do I have any legal recourse if they don't find this phone? I returned my
phone on time and as instructed and I'm still stuck in this contract and with
no new phone, and I owe for the phone - and early cancellation....

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Irv - 04 Sep 2006 04:03 GMT

doesn't the postal service tracking and insurance come into play here.
the tracking should have the name of the person who signed for it.
if they say that person doesn't work for them perhaps there is a way to get
the postal insurance involved.

> Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
> else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
[quoted text clipped - 32 lines]
> with
> no new phone, and I owe for the phone - and early cancellation....

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Cyrus Afzali - 05 Sep 2006 21:06 GMT

>Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
>else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
[quoted text clipped - 19 lines]
>phone on time and as instructed and I'm still stuck in this contract and with
>no new phone, and I owe for the phone - and early cancellation....

Why not just file a claim on the insurance you purchased?

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DevilsPGD - 05 Sep 2006 23:44 GMT

>>Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
>>else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
[quoted text clipped - 21 lines]
>
>Why not just file a claim on the insurance you purchased?

What insurance? The postal insurance ends when the post office can
produce a delivery receipt, after that it's up to whoever signed for the
package to take responsibility (unless the post office misdelivered or
something like that)

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NHLSlugger - 06 Sep 2006 01:10 GMT

Exactly. That is where I'm at now. The post office states it was delivered
and so they said the claim would more than likely be denied. So as of now,
we're waiting for T-Mobile to decide what to do with the missing phone. It
looks like I'm stuck for the long haul trying to get this straightened out.

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evadnikufesin - 06 Sep 2006 02:58 GMT

> The post office states it was delivered
> and so they said the claim would more than likely be denied.

File a claim and tell them that they're wrong. That it was *not*
delivered.

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danny burstein - 06 Sep 2006 03:52 GMT

>Exactly. That is where I'm at now. The post office states it was delivered
>and so they said the claim would more than likely be denied. So as of now,
>we're waiting for T-Mobile to decide what to do with the missing phone. It
>looks like I'm stuck for the long haul trying to get this straightened out.

I'd be quite suprised that, given your delivery confirmation,
that t-mobile is denying they got the phone.

The first thing I'd recommend you do is call back, politely,
and emphaisize that you've got the confirmation.

If that doesn't work, then, even though I'm pretty
happy with t-mobile (and a shareholder...) this is exaclty
where a letter to your State Attorney General gets
pretty quick action.

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Cyrus Afzali - 06 Sep 2006 19:38 GMT

I got you. But if the USPS says it was delivered, it should become
their phone to find.

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Thomas T. Veldhouse - 06 Sep 2006 20:54 GMT

>>Exactly. That is where I'm at now. The post office states it was delivered
>>and so they said the claim would more than likely be denied. So as of now,
[quoted text clipped - 3 lines]
> I got you. But if the USPS says it was delivered, it should become
> their phone to find.

I agree with the post office ... and it would be especially relavent if they
can produce a signature. Either way, that is what mailing with signature
verification is for.

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Cyrus Afzali - 06 Sep 2006 19:37 GMT

>>>Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
>>>else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
[quoted text clipped - 26 lines]
>package to take responsibility (unless the post office misdelivered or
>something like that)

You're right, I was misreading the situation. That said, if the postal
service can produce a delivery receipt, it's not his problem anymore,
it should be T-Mobile's problem. They may give him hell, because they
think pressuring him will be easier than going another route, but
that's not his problem.

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Bruce Markowitz - 07 Sep 2006 16:47 GMT

If you can prove delivery, it is not your problem. Port your number to
another carrier, and tell T-Mo to see you in Court. You can PROVE you
returned the phone. End of story

> Hi. Not sure if anyone can help me here, but I need advice. Maybe someone
> else has had this problem. I recently upgraded to a RAZR V3 phone with TMo
[quoted text clipped - 19 lines]
> phone on time and as instructed and I'm still stuck in this contract and with
> no new phone, and I owe for the phone - and early cancellation....

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DevilsPGD - 07 Sep 2006 19:05 GMT

>If you can prove delivery, it is not your problem. Port your number to
>another carrier, and tell T-Mo to see you in Court. You can PROVE you
>returned the phone. End of story

Well, I wouldn't start with court -- Attempting to contact the executive
offices will tend to be faster and more productive.

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John Richards - 07 Sep 2006 23:26 GMT

>>If you can prove delivery, it is not your problem. Port your number to
>>another carrier, and tell T-Mo to see you in Court. You can PROVE you
>>returned the phone. End of story
>
> Well, I wouldn't start with court -- Attempting to contact the executive
> offices will tend to be faster and more productive.

And if that doesn't work, submit online complaints with the
Better Business Bureau and/or State Attorney General.
That worked for me when I had a dispute with Dell.

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