charged for iphone account that was never activated

In May 2011 I changed providers to get free iPhone. I was advised that I was eligible for a second ‘free iphone’. I was quite surprised and asked if this was ‘too good to be true’ . I signed for both iPhones and was assured that no payment would be taken unless the phones were actually put into active use. I immediately started using one phone but have never used the second account .
I became aware in July 2012 that TWO sets of Direct Debits had been taken from my bank account every month since May 2011. I was horrified and have had numerous telephone calls with the provider to try to resolve this issue and have gone back to the store to explain my case. Now the provider has put a debt collector on to me to pay E400. As far as I'm concerned they owe me 14 months of monthly payments that they took and I never used. What can I do???

What records do you have of this free phone offer?

I would assume that you signed contracts for two phones therefore you are in contract for service for two phones.
iPhones are €500+ in cost so there was no way there was a free one on offer with no terms and conditions - do you have copies of the contracts?
All phone contracts with a free or low cost device are based on a monthly subscription which you are tied to for a period, mostly 18/24 months for iPhones.

I think you will need to appeal to the operator that the phone is unused and will be returned directly and that as there has been no calls/texts/data used you were mis-sold it.
However as it is now with the debt collector not the operator it may not be easy to have it changed.

to AlbacoreA: no written records - my verbal recall.
to mrblues: yes, i signed contracts and have copies of both as well as reciepts - on the firm understanding I would only get charged for the second if the acc was activated. the provider has acknowledged several times verbally that the second acc was never activated.

tad said:

to AlbacoreA: no written records ....

Click to expand...

tad said:

to mrblues: yes, i signed contracts and have copies of both as well as reciepts - on the firm understanding I would only get charged for the second if the acc was activated.

Click to expand...

Ah, the contracts you signed are written records, and are the only records that count. It doesn't matter what they said if you signed contracts to the contrary.

What do the contracts say about the second phone?