T-Mobile wrongful charge!

[extrok]

What is the name of your state? Pennsylvania

I purchased a phone online from amazon.com for use on t-mobile. After a few months of use the phone failed and I called t-mobile to get it repaired.

Order of events:

Agreed to send me out a replacement phone
Received phone and did not work
Called Said for me to send that one back and they were sending out another
Received 2nd phone worked fine. Sent back my original phone which failed.

I followed their instructions for returning the phone which was place the original phone in the shipping box. Place the return shipping label on the box, place the blue priority shipping label on the box to seal it, place back in my original mailbox.

They not say they have yet to receive the phone and charged me $400 for a phone which I sent back. I don't want this to damage my credit and I can't afford to just pay it to make it go away. Should I file suit in philadelphia small claims court or how should I handle this?

Thank you
Michael

 

[jpritchett81]

You sent it priority....does it have a tracking #?

 

[extrok]

Hmm

I am truly unsure if it had a tracking number. I followed the instructions which just stated to place it back in my mailbox using their prepaid mailing label.

 

[extrok]

can anyone help me?

I don't mean to be pushy and ask again... But I really need any advice possible

Thanks

 

[jpritchett81]

Without any type of mail tracking (Express mail or Return receipt) then it's really hard to prove that you sent the merchandise back. Anything could have happened to that package during the shipping process,

 

[extrok]

wrong to assume?

Am I wrong to assume that since they provided me with written instructions that stated to place the prepaid label on the package, then to place it in my mailbox that my liability was lifted when I put the package in the box?

I do have my mother who had seen the package in the mailbox that morning, as well as I believe I can get my postal carrier to make a statement saying he remembered seeing the package.

If I pay the charge, would i have a possible case to get reimbursed via lawsuit in small claims court?

 

[jpritchett81]

Seriously that's a hard call to make. Sure you can get statements but T-mobile will still push the fact that they don't have the phone. Are you sure you mailed it to the correct address. The reason I ask because they usually have a zillion different addresses for different things such as the bill, claims, phones and such. All incoming mail do not go to the same state.

Keep calling them and explain the situation until you get someone that will actually help you out. You might get lucky..... I'm for real. I had a billing problem and I called like 6 times the same day and finally got someone to credit my account.