Dilemma: 2 iphones sent by accident - should I inform O2?

Leopard

Without entering into the morality of it, if you dispose of either 'phone and you've signed for both of them you will be screwed if they demand it back. :cool:

ultracheapskate

Leopard wrote: »

Without entering into the morality of it, if you dispose of either 'phone and you've signed for both of them you will be screwed if they demand it back. :cool:

I am not sure. I mean if they come back to me, say, 6 months down the line, I could just say I don't know what they're talking about. Yes I did sign for 2 boxes, but I could simply say I wasn't the one who actually signed for the packages (and hence don't know where the box is, or indeed if it even exists). To be fair I haven't really done much wrong as I didn't physically steal the handset from their store, nor did I ask for 2 packages. Worse case scenario they could block the IMEI number, but that won't really affect me since I will have got some usage out of the phone.

Leopard

I wasn't entering into the moral argument on either side - just offering some practical advice. You won't get into any trouble provided the new one is kept available for return, undamaged, in case they do ask for it back (or start charging you for it and you, yourself, then want to send it back).

If O2 does realise it has made a mistake, it will weigh up the alternatives available to it, in terms of the financial expense of remedying it.

If you sell, or otherwise dispose of, property that is not lawfully yours, the measures that O2 could take go a lot further than the worst case scenario you perceive.

So, if it is not currently your intention to return it voluntarily to O2 - and, again, I am not entering into that moral argument - you would be extremely wise to retain the ability to do so, undamaged, should O2 decide to pursue the matter. That's all I'm saying: I'm not criticising you.

gjchester

ultracheapskate wrote: »

Worse case scenario they could block the IMEI number, but that won't really affect me since I will have got some usage out of the phone.

Worst case is they may ask you cough up the full unsubsidised price for the phone. You signed for the boxes, they'll have a proof of delivery and show it's your signiture, the dispatch details and weight of the box will be logged showing it did contain a iphone and you'll be potentially paying court cost and get a judgement against you on top of the phone cost.

Will it get that far, probably not, but remember they have 6 years to claim it back from you. Is it worth the potential grief for the few hundred you'll get. Even if you sell it and they then black list it you'll be the one the buyer chases for a refund, and if they went to O2 to ask why it was blacklisted and explained where it came from you'll be dropped in it that way too.

ultracheapskate

Leopard wrote: »

I wasn't entering into the moral argument on either side - just offering some practical advice. You won't get into any trouble provided the new one is kept available for return, undamaged, in case they do ask for it back (or start charging you for it and you, yourself, then want to send it back).

If O2 does realise it has made a mistake, it will weigh up the alternatives available to it, in terms of the financial expense of remedying it.

If you sell, or otherwise dispose of, property that is not lawfully yours, the measures that O2 could take go a lot further than the worst case scenario you perceive.

So, if it is not currently your intention to return it voluntarily to O2 - and, again, I am not entering into that moral argument - you would be extremely wise to retain the ability to do so, undamaged, should O2 decide to pursue the matter. That's all I'm saying: I'm not criticising you.

I realized you weren't criticizing me, and was just trying to justify keeping it to myself! Apologies if it came across as if I was having a go at you . Appreciate the advice.

ultracheapskate

gjchester wrote: »

Worst case is they may ask you cough up the full unsubsidised price for the phone. You signed for the boxes, they'll have a proof of delivery and show it's your signiture, the dispatch details and weight of the box will be logged showing it did contain a iphone and you'll be potentially paying court cost and get a judgement against you on top of the phone cost.

Will it get that far, probably not, but remember they have 6 years to claim it back from you. Is it worth the potential grief for the few hundred you'll get. Even if you sell it and they then black list it you'll be the one the buyer chases for a refund, and if they went to O2 to ask why it was blacklisted and explained where it came from you'll be dropped in it that way too.

Thanks for the reply. Definitely not going to sell it, because like you said it could get very messy down the line. Not fair on the buyer if the phone gets blocked/black listed, since they will have paid for a non functioning phone. Not to mention they will no doubt come back to me if such a situation arises, and I will have problems with both the buyer and O2! Not worth the risk.

However I was looking to give it to my mum to use. If they do ask for it back, could always repackage it and make some excuse (provided it doesn't get damaged while she is using it).

Leopard

The very fact that you are agonising over it does you credit. A free iPhone would be a most desirable thing to have.

Waiting a month or two to see what happens in regard to invoicing from O2 would be an understandable course of action to take. Provided that you do not start using the thing in the meantime.

You could justify it morally, and perhaps to a court, if confronted on the issue, as keeping it hostage to O2 getting its accounting properly sorted out with you. Provided that you do not start using the thing in the meantime.

More than that I would not like to add... :cool:

Hapmax

Hi Si, This happened to a friend of mine who thought it was her lucky day! however as the phones are signed for and the warehouse does it's stock take thingy every 3 months, (this was what she was told), and the customer had not returned the phone within the required 14 days or accept responsability for it, she was invoiced and had to pay the full amount for the phone sent in error. !! then i must say she was not quite so smug about her freeeee phone!

ultracheapskate wrote: »

Sorry for late reply...just found this thread. I have kept it for now and am waiting for my first bill before I make my final decision. If they don't notice (and charge me for it) I am tempted to keep it and give it to a family member. Besides they have overcharged me continuously in the past (due to problems with their billing system), causing me to call every month to rectify the problem....I see this as karma for all the time I wasted

ultracheapskate

Hapmax wrote: »

Hi Si, This happened to a friend of mine who thought it was her lucky day! however as the phones are signed for and the warehouse does it's stock take thingy every 3 months, (this was what she was told), and the customer had not returned the phone within the required 14 days or accept responsability for it, she was invoiced and had to pay the full amount for the phone sent in error. !! then i must say she was not quite so smug about her freeeee phone!

Hey. Thanks for the info. However I don't think she should have been made to pay up in full, unless of course she had used/sold the phone, and thus couldn't return it. If they do ask for it back, I will tell them to send a courier to collect it. The customer shouldn't have to go out of their way to rectify an error from O2. Also I don't think the 14 days point is correct, or indeed a legal requirement, since again it was their mistake. PS I am not disputing your story, just giving my opinion that O2 handled the matter incorrectly!

Edinburghlass_2

Apart from the morality of this do you really think its a good idea to discuss it on an open forum that is monitored by o2?