Mobile phone problems Sample complaint letters for mobile phone problems

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Is your mobile provider dealing badly with your problems? Putting your complaint in writing and using the right language can make a big difference. These Which? template complaint letters will help get you started.

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Template 1) To ask for a 'letter of deadlock'

Dear

Ref: (nature of your complaint/reference number)

I am writing with regard to the above complaint. I wrote to you on (date) asking you to do (describe the action you asked them to take) to resolve this complaint. Your attempts to resolve the problem have not been satisfactory and you claim that there is nothing more you can do to help me. It appears that we have reached a position of deadlock and that, therefore, I am left with no alternative but to take my complaint to (Otelo/Cisas).

I would afford you one final opportunity to reconsider your position and confirm to me within the next 14 days that you will (describe the action you wish them to take) or alternatively send me a letter of deadlock. If I do not hear from you within this timeframe I will refer this dispute to (Otelo/Cisas) with no further reference to you.

Yours sincerely

Template 2) To ask for a faulty mobile handset to be repaired/replaced

Dear

Ref: (contract number)

On (date) I (bought/placed an order for) a (model number) mobile phone. I have discovered that the phone has the following problem: (add details)

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the phone (repaired/replaced) and I would request that you confirm that you will do this within the next 14 days.

I also require you to confirm whether you will arrange for the (item) to be collected or will reimburse me for the cost of returning it.

I look forward to hearing from you

Yours sincerely 

Template 3) Sample letters relating to mobile cash-back offers:

A) Letter to the mobile phone operator where it wasn't made clear to you that cash-back was to be provided by the mobile retailer.

Dear

Ref: (nature of your complaint/reference number)

On (date) I entered into a (x-month) mobile phone contract with you through (Retailer). (Retailer) told me that as part of the contract I would receive the following cashback (details). I submitted the claim for cashback on (date) and complied with all the claims criteria, but to date the cashback has still not been received. I would request that you forward the cashback to me within the next 14 days.

Yours sincerely

B) Letter if the mobile phone operator does not comply with your request in letter A

Dear

Ref: (nature of your complaint/reference number)

I wrote to you on (date) setting out my request for the cashback, which formed part of my contract with you. You responded by saying that the cashback was not part of my contract with you and that this was a separate arrangement between (Retailer) and me. When I agreed the contract with you, (Retailer) – acting on your behalf  – did not make this clear and led me to believe that the cashback was part of my contract with you and accordingly I am entitled to expect you to honour this.

I would invite you to reconsider your position and confirm in the next 14 days whether you are prepared to honour the cashback claim I have submitted. Should your stance remain unchanged, I feel that we have reached a position of deadlock and will therefore be left with no alternative but to take my complaint to (Otelo/Cisas).

Yours sincerely

 

C) Letter to mobile company providing cash-back where you have failed to comply with unfair criteria in the mobile cash-back claims procedure.

Dear

Ref: (nature of your complaint/reference number)

On (date) I entered into a (x-month mobile phone contract/ a contract for the provision of cashback) with you.

I submitted the claim for cashback on (date), however you have stated that because I haven’t complied with the following requirement in the cashback claims procedure my claim will not be met: (details).

Regulation 5(1) of The Unfair Terms in Consumer Contracts Regulations 1999 makes it clear that terms of a contract will be unfair if, contrary to the requirement of good faith, they cause a significant imbalance in the rights of the parties, to the detriment of the consumer. Restrictions and requirements that serve no commercially justifiable purpose but appear instead to be directed towards preventing a customer from making a valid claim can accordingly be challenged as unfair with the effect that the offending term is to be struck out of the contract. It is my case that for these reasons the contract term referred to above cannot be used by you as a basis for refusing my claim.

I would invite you again to reconsider your position and to refund the cashback I am entitled to; should you not be prepared to do so, please issue me with a letter of deadlock so that I may refer this matter to (Otelo/Cisas).

Yours sincerely

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