Delivery rights discussion

sheers

Please can someone help me - my mum ordered a mobile phone from talk talk and it was never delivered. When she phoned to chase it they said that someone signed for it. My mum was in at the time of the supposed delivery and we know no one with the signed name. it was being delivered by yodel.

The big problem is that talk talk have said its now under investigation but my mum will still need to pay for her contract while the investigation takes place - even though she doesn't have the phone. They will not even put the contract on hold and have implied she is under investigation.

What can she do? It can't be right that she has to pay a monthly contract for a phone she hasn't recieved.

Help please.

suzy998

5 times I have had failed collections from Brighthouse after I decided to return my cooker and fridge after paying for 2 years and when I asked for settlement figure I still has £150 on cooker and £200 on fridge, after paying £13 per week. I put a service call in January and still waiting. I had stated that due to school pick up, I would not be available at that time, it all fell on deaf ears.
I spoke to customer service and was told a regional manager would call (still waiting). I am met by nothing but excuses, I had a carpet fitting which had to be cancelled, my new cooker had been put back 3 times and you cant move around kitchen due to 3 fridge and freezers. I have since asked for all goods I have with them to be collected and nothing changes.
Is there anything I can do or any compensation I am entitled to?

TripleM_2

sheers wrote: »

Please can someone help me - my mum ordered a mobile phone from talk talk and it was never delivered. When she phoned to chase it they said that someone signed for it. My mum was in at the time of the supposed delivery and we know no one with the signed name. it was being delivered by yodel.

The big problem is that talk talk have said its now under investigation but my mum will still need to pay for her contract while the investigation takes place - even though she doesn't have the phone. They will not even put the contract on hold and have implied she is under investigation.

What can she do? It can't be right that she has to pay a monthly contract for a phone she hasn't recieved.

Help please.

This is what I would do if I were your mum. I cannot say that that is the right thing to do, and I do not know the full story - if I did I might do something entirely different. So, the following may be wrong and I suggest that your mum seeks independent legal advice such as from the CAB (Citizens Advice Bureau).

I would write to TT saying:

1. I entered into a contract to buy the phone. TT failed to send it to me. Therefore TT is in breach of contract and I require a refund.

2. In any event, under The Consumer Protection (Distance Selling) Regulations 2000, your mum has 7 working days to cancel after delivery of the goods. The goods have never been delivered so the clock has yet to start running. Therefore I would tell TT in writing (it has to be in writing) that I am cancelling the order under The Consumer Protection (Distance Selling) Regulations 2000 and I require my money back. Point out that as it has never been delivered to me, the clock has yet to start running.

TT claims that they did deliver it. Tell them that that is untrue. You appreciate that TT disputes that but the burden of proof is on TT so please provide, by return of post/email: 1. Proof of delivery AND 2. Proof that the person who signed for it was expressly or impliedly authorised to accept it on your mum's behalf.

I would also ask for all documents on their investigation.

I would add that the refusal to cancel the contract is causing you a lot of stress and is unreasonable behaviour, and that TT need to address this issue asap. Ask them to confirm within 2 working days that they will cancel the contract.

Be polite but firm. Do not be rude.

BTW, as your mum placed the order, she needs to write the letter cancelling it. Alternatively, you can write it but you would need to send it with a letter from your mum authorising you to do so. Your mum needs to cancel that contract under the Distance Selling Regulations while it remains undelivered.

jaffauk

Hi
I've read a lot of the posts with interest, and feel the need to vent my frustation with argos somewhere.
I ordered a table and chairs from Argos Direct on the 26th April, and they subsequently phoned me to arrange a delivery date. It was agreed that the date would be today 22nd May., with the time slot of between 7am and 12pm.
After taking the day off work, and waiting in all morning, alas, No table and chairs! Double checking I hadn't got the date wrong, I went to the on line Argos order tracking and it clearly stated delivery would be as I previously stated.
Now to the joys of ringing customer services and the endless pushing of numbers on the phone, the constant round and round in circles and getting nowhere. eventually I get through.
And the answer I'm given? "They don't know" ???
They agreed that the delivery should be today, but have no idea where it is?
I then came up with what I thought was a reasonable solution, They do special delivery on Saturdays, and as I'm off work the next Saturday that would be acceptable to me. but NO the next available date is the 30th May.
This will be 34 days for these items to be delivered, after the Argos web site stated [FONT=&quot]"Currently delivered within 21 days[/FONT]"
I was wondering if any members could give me any advice on what my next steps dhould be?
Thankyou, and rant over!

wealdroam

jaffauk wrote: »

Hi
I've read a lot of the posts with interest, and feel the need to vent my frustation with argos somewhere.
I ordered a table and chairs from Argos Direct on the 26th April, and they subsequently phoned me to arrange a delivery date. It was agreed that the date would be today 22nd May., with the time slot of between 7am and 12pm.
After taking the day off work, and waiting in all morning, alas, No table and chairs! Double checking I hadn't got the date wrong, I went to the on line Argos order tracking and it clearly stated delivery would be as I previously stated.
Now to the joys of ringing customer services and the endless pushing of numbers on the phone, the constant round and round in circles and getting nowhere. eventually I get through.
And the answer I'm given? "They don't know" ???
They agreed that the delivery should be today, but have no idea where it is?
I then came up with what I thought was a reasonable solution, They do special delivery on Saturdays, and as I'm off work the next Saturday that would be acceptable to me. but NO the next available date is the 30th May.
This will be 34 days for these items to be delivered, after the Argos web site stated [FONT=&quot]"Currently delivered within 21 days[/FONT]"
I was wondering if any members could give me any advice on what my next steps dhould be?
Thankyou, and rant over!

There is an MSE thread devoted to Argos Delivery problems.

Click here.

bollychic

Hi,

Can anyone help me? I'm new here. My problem is as follows:
I placed an order with Zavvi online on 09/06/2012 for a DVD boxset which was a pre-order and was being released on 11/06/2012.
On their site under delivery I used the "Free next day delivery on all orders over £50" entering the code FNDD which took off £4.95. I used this thinking I would receive my order on either Tuesday or Wednesday at the latest as it was a gift for someone who was leaving work on Friday 15th and going back to their country.

I checked my order online from Monday and found it was picked on Tuesday, and then waiting to be despatched. I also sent Zavvi an online message via the message centre but never received a reply. So I rang them yesterday to be told that next day delivery does not include pre-orders even though it took the discount off for me. I told them that it was a gift which was needed by Thursday at the latest as the person who it's for is leaving on Friday and it's still waiting to be despatched. They told me to leave it with them and they'll try to sort it out. I never received any reply today and noticed it has now been despatched but via standard delivery which will take 2-3 days which means that I won't get it by Friday 15th.

This is the first time something like this has happened to me with Zavvi as I've never had any problems with them before. I phoned them today and the customer service department apologised and understood my frustration. They told me if I don't receive it tomorrow (Friday 15th) to ring them up again as it will tak 24 hours for them to find out whether it was sent next day delivery or standard delivery as they don't have that information.
I just want to know as a consumer, what are my rights and where do I stand as the fault lies with them and their site, not with me. Had I known that next day deliveries don't include pre-orders, I would have gone elsewhere. I am the type that hates complaining and this is the first time I've come across something like this. I don't actually know what to do. Can anyone point me in the right direction?
By the way Zavvi are using Yodel too.

Thank you

custardy

well at this point you may as well wait and see if it arrives
they can't do anyything now to change that. unless you are/were willing to pay again and pay for next day delivery and refuse/return the original order

John_Pierpoint

Anything ordered over the inter-web can be rejected (at your expense) and you can ask for your money back?!.

bollychic

I waited until today and haven't received it. I also tracked the order and saw this via Yodel's site : Parcel data received awaiting coll. (MANCHESTER SERVICE CENTRE) 14th Jun 2012 00:00
I am just angry and frustrated as this is not the service I asked for. Had it been just for myself, it wouldn't have mattered when I received it but that's not the case here. I've ordered from Zavvi many times before and have never had any problems except for this one. This is the first time.

terra_ferma

John_Pierpoint wrote: »

This could be a pensioner of other person living on state hand-outs ...

This is an old post but deserves a reply.
Pensioners are not people who live on state hand-outs, most people will have earned their pensions through many years of hard work and NI contributions. Only a minority of older people will receive a pension without working. This comments shows you don't understand how it works.