T-Mobile Upgrade Nightmare

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....

Thanks

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If it was confirmed delivered then its T-Mobile's problem not yours. Legally you did what you were supposed to and its their problem. I would email them the delivery conformation info so they know it was delivered and then demand your refunded and back on month to month. Then you can go ahead and cancel.