This is so frustrating

I ordered a new phone from Xfinity on September 3rd, 2023. The phone was supposedly to be delivered on September 6th, but the package wasn’t delivered and Fedex admitted that they lost the package. I called many agents from Xfinity to remove this phone from my account and issue a refund and every one i talk to made it worse. One of the agent tried to solve the problem by activating the phone on their end then deactivating it so he can remove it, then he got stuck and hang up on me. I opened 2 cases and nothing happened till now. My billing cycle ends tomorrow and i’m still paying for the phone i never received. The customer service agents are clueless. I called Fedex and they said that the phone is considered lost according to their contact with Xfinity. I don’t know what’s taking so long. My next step would be taking them to court