T-Mobile - PAYG mobile lost/stolen by Royal Mail

pinkshoes

I wouldn't bother writing to RM. I'd send a letter to T Mobile ("Letter Before Action"), stating that you have NOT received a mobile phone, and that they have 7 days to either issue you with a full refund, supply you with the phone, or provide proof that the phone was signed for with YOUR signature, otherwise you will be taking them to court to recover the money.

On the 7th day after they have received the letter, start the claim with the court online. It only costs about £30 I think, and they will have to pay your costs when you win. As they do not have anything with your signature showing you received the phone, then they can't win a court case!

bebewoo

It is not up to you to chase Royal Mail, it was t-mobile who had the contract with Royal Mail, not you.

neilmcl

bebewoo wrote: »

It is not up to you to chase Royal Mail, it was t-mobile who had the contract with Royal Mail, not you.

Yes, but they are now satisfied that RM has carried out the delivery sucessfully therefore its now up to the OP to counterclaim this by providing proof that they didn't.

custardy

geordieracer wrote: »

write to Royal mail immediatly and ask them for proof or signature. This really should have been done earlier but i hope you get some result.

good idea except the tracked service used doesnt require one

withabix

Have you tried contacting your card company for a chargeback?

beverley1471

custardy wrote: »

good idea except the tracked service used doesnt require one

Yes, but T-Mobile advised me when I placed the order that it would be delivered using Royal Mail's two-day tracked delivery service, and the parcel would need to be signed for.

Not only that but T-Mobile wrote in their letter that "the package was signed for at the given address."

So who do I take this up with T-Mobile or Royal Mail ?

beverley1471

withabix wrote: »

Have you tried contacting your card company for a chargeback?

No I haven't, but surely I need to follow the above steps before taking such action ? Bear in mind as well I used a debit card not a credit card to avoid a 2% surcharge (although with hindsight this was perhaps not the right thing to do)

custardy

beverley1471 wrote: »

Yes, but T-Mobile advised me when I placed the order that it would be delivered using Royal Mail's two-day tracked delivery service, and the parcel would need to be signed for.

Not only that but T-Mobile wrote in their letter that "the package was signed for at the given address."

So who do I take this up with T-Mobile or Royal Mail ?

it is possible they the tracked service plus sig
but thats the exception than the norm
(the service has recently been upgraded but not when you item was sent)
you have no reason to contact RM
its down to T mobile
for all you know they misaddressed it or are checking the wrong tracking number
its not your problem if they get a claim from RM or not

beverley1471

This is my letter (although I'm struggling with a bit of writer's block I must say ...)

Dear Sir/Madam,

ORDER REF – XXXXXX
URGENT: NOTICE OF INTENDED LEGAL ACTION

Thank you for your letter dated 2nd of November 2010 in which you advise that my claim for the non-delivery of the above order has been declined.

I would point out yet again that I have NOT taken delivery of the above order.

In the letter you advise that Royal Mail have responded to your investigation(s) stating “the package was signed for at the given address”.

I HEREBY SERVE NOTICE THAT YOUR COMPANY HAS 10 (TEN) DAYS FROM THE DATE OF THIS LETTER TO SUBMIT TO ME EITHER :-

(A) A FULL REFUND TO THE VALUE OF £109.99, OR
(B) PROOF THAT THE PACKAGE WAS SIGNED FOR WITH MY SIGNATURE

FAILURE TO COMPLY WITH THIS REQUEST WILL RESULT IN THE COMMENCEMENT OF LEGAL ACTION TO RECOVER THIS MONEY PLUS ALL ASSOCIATED COSTS.

Yours faithfully,

(full name & address)

Is this ok ?

cheers, Bev.

Techhead_2

Why are you asking for proof of delivery? You know it wasn't delivered to the correct address. Tell them it wasn't delivered to your address and tell them you want to ask for a refund or for the handset.