Things are looking up, Tesco agreed to end my contract and also take the phone back without any early termination fees or charges for the mobile.
Have to say the lady i dealt with from the management team was fantastic and really helpfull. Also the returns team couldnt be more supportive, the only couple of sad parts is the first line of defence in the customer care team obviously read from a script and dont read the notes on the system before they start quoting the terms and conditions. So each call is always 10 mins of explenation where i was up to and who is doing what. Other sad part is i am leaving Tesco who i have to be honest and say their service up to this isue has been brilliant.
I like dealing with people and not automated computers and pressing my keypad to get to the right department, also having slight hearing difficulties it was good having UK call centres.