You are more than able to cancel a plan that you have not received a working device for! Optus telling you otherwise is a joke and they are not complying with your consumer rights or following 2012 Telecommunications Consumer Protections Code (TCP) and Australian Consumer Law (ACL).
If you haven't done so I would request that the months be backdated and associated costs (as well as other costs you may have paid in the period of the phone being sent off reimbursed). You are able to return a device that doesn't work as described or stated. If you are unhappy with Optus's service or goods received do not function as stated, you have the right as a consumer to return these free of charge and cancel any plan without cost or ''Cancellation'' fees. If they (Optus) are trying to tell you they cannot do this, you may escalate the matter to the Telecommunications Ombudsman. Your case will be dealt with free of charge and they will resolve the matter for you free of charge. 9/10 times Optus will reluctantly resolve this for you before you have to escalate it to this level.
Hope this helps you, and any others that may have this issue. I have had to return ($1,500+ phones) to boomerang and have been given yet another faulty device with another problem a number of different times. If the issue happens again I will be returning the device and cancel the plan and look for another Telco Provider.
Good luck, and remember as a consumer of a service/product you always have rights.
I argued with optus for 4months having an issue with the same phone after being sent a "replacement" the last time they stopped calling me back.. 32 called with each person not taking responsibility and saying it was a different departments problem to fix and being on the phone from 9am-4pm each day, missing 2weeks work to drive 6hrs to my closest store multiple times, sending it away 4times.. i decided to pay out my contract and go to telstra, 3months later i still get messages saying to update my Details from optus and im no longer a customer i was a customer for 10 years, we mean nothing to them they just want the money.
I totally agree that you should contact the ombudsman. That will really get their butts moving to do the right thing. Good luck
Everything i tried ended up nowhere, no one wanted to deal with it, no one unanswered or returned my calls after awhile.
Instead i had to pay to end my contract and throw the phone out.
Telstra has been so good to me since.
After years with Optus always paying my bill straight away, no previous claims... they do me like this.
Hi @NotOptus - it's disappointing to hear of your outcome. It's frustrating that you felt the only way for assistance is to go to another provider.
Terribly sorry for the way things turned out.
Can you please send us a private message confirming your mobile number, full name and DOB? I'd be happy to check this out and see where we went wrong.