mobiles.co.uk issue, items not delivered - please advise

DarkConvict

I totally agree, you have not received the goods, only once the goods have been received does the 7 day timer start ticking.

The 7 days is for you to reasonably inspect the goods as it is bought online not in a shop, if the item has not arrived it can't be inspected.

Since mobiles.co.uk are being unlawful, contact consumer direct, they will verify the law and submit a complaint to trading standards on your behalf, you should also be given a reference number to give to mobiles.co.uk.

mobilejunkie

Mobiles.co being unlawful?? Never - SUCH an honest company with "thousands of happy customers". I wonder when the people who treat them with "fairness" will realise that is just a mugs game and misleads the unsuspecting potential customers from what their true nature is.

Mobiles.co.uk_company_representative

Hi Jarvester,

This doesn't sound at all right and I've asked that your case is looked at ASAP; I'm assuming Returns will be aware of your details but it would be helpful if you could drop me your order number via email to (ben at mobiles).

Based on what you're said here I can only apologise on behalf of DHL and assure you we will get this resolved as soon as possible.

Thanks,

mobilejunkie

No apology from your company then, despite it insisting they can't cancel their contract within the legal time period? Yep, DHL have a lot to answer for....!

Guys_Dad

Mobiles.co.uk_company_representative wrote: »

Hi Jarvester,

This doesn't sound at all right and I've asked that your case is looked at ASAP; I'm assuming Returns will be aware of your details but it would be helpful if you could drop me your order number via email to (ben at mobiles).

Based on what you're said here I can only apologise on behalf of DHL and assure you we will get this resolved as soon as possible.

Thanks,

Hold on, Ben. If the emails from mobiles.co.uk that were reproduced here are accurate - and I appreciate you need to look into them - then you need to ensure that your returns department know the law. And your apology should be on behalf of mobiles.co.uk.
The mere fact that they were sending out a replacement indicated that the original goods were "missing in action" and you know as well as i do - or you should - that the 7 days starts from the time the goods are received, which clearly in this case they were not.

Your company had no right to send the reply that they appear to have done..

"I can confirm I have looked into this further with management and the decision still remains the same on sending you out another handset and carrying on the contract.

Reason being when you contacted us on 28/2/10 with the email informing us you wanted to cancel this would have been on the 7th day because you were sent the item on 21/2/10. "

Guys_Dad

mobilejunkie wrote: »

No apology from your company then, despite it insisting they can't cancel their contract within the legal time period? Yep, DHL have a lot to answer for....!

For once, I agree with you :beer: However, it will be interesting to see whether Ben, after investigating, then accepts his company's reply is clearly wrong.

WychWeird

Mobiles.co.uk telling you that the order cannot be cancelled is not correct - others have provided information regarding the period you're entitled to (7 working days), however, the Office of Fair Trading's guide (linked in signature) at paragraph 3.28 states that cancellation notice is given:

by faxing or emailing the notice to you on the last fax number or email address known to the consumer, in which case notice is said to have been given on the day it was sent.

Based on the information you have given, the 21st (alleged delivery) to the 28th (cancellation point, accepted by mobiles.co.uk) is not 7 working days; you emailed to cancel the contract within the timescales.

Guys_Dad

WW - the real point here is that the clock only starts ticking after the goods have been received. Now if mobiles.co.uk are sending a replacement because the goods have not been received, then the clock hasn't even been wound up yet.

So there is no point in even counting the days from when they sent out the missing phone that their carriers failed to deliver to the right person.

WychWeird

I agree - however they may claim that purchasers agree that the 'Service' can start earlier, irrespective of the actual delivery date - I seem to recall a (MCU Rep) post that mentioned that point in passing.

Guys_Dad

WychWeird wrote: »

I agree - however they may claim that purchasers agree that the 'Service' can start earlier, irrespective of the actual delivery date - I seem to recall a (MCU Rep) post that mentioned that point in passing.

They can try! But I think that they would lose heavily and might appear even more foolish.

You have raised an interesting point though. Had jarvester been happy enough to accept a replacement phone, he would have had to watch out that his contract wasn't applied from the original missing order.

Having said that, though, that contract would have been for the original sim/number and I suspect that the replacement contract will be for another number.