Ordered one iPhone, received TWO! (Can I keep it?!)

gjchester

matilda.cs wrote: »

They cant get it into their little minds that I aint going out of my way to post it back to them, at time and cost to myself. Coupled with the extra contract they set up, an dmoney they took from my account in error... Im pretty p1553d off.

It's not really fail that a simple mistake sees you brand someone a Nazi, this is a phone contract you really need to get a grip.

I'm not wishing to be nasty to you but you need to get it into "your little mind" that the longer you leave it the more complicated it will get. You were happy to accept the phone for free when you thought you could get away with it.

They've notified you it's a mistake they've provided a solution so it's in your interest to get it sorted quickly even if it takes you some time and some outlay. If you incur costs you can claim them back but digging your heels in won't resolve anything.

Niv

I do agree that it seems silly that the unopened one cannot be returned though, as now they will have a used phone returned to them.

Niv

matilda.cs

gjchester wrote: »

It's not really fail that a simple mistake sees you brand someone a Nazi, this is a phone contract you really need to get a grip.

I'm not wishing to be nasty to you but you need to get it into "your little mind" that the longer you leave it the more complicated it will get. You were happy to accept the phone for free when you thought you could get away with it.

They've notified you it's a mistake they've provided a solution so it's in your interest to get it sorted quickly even if it takes you some time and some outlay. If you incur costs you can claim them back but digging your heels in won't resolve anything.

Im not digging my heels in. They want it collecting, but they wont collect it in the evening, nor will they collect it at the weekend. They have, however, set up two contracts in my name, and charged me twice for the phone.

My point is that once I send them the phone, I have nothing to bargain with. They have everything they want, and I become another customer lost in a pile of unsettled complaints.

My initial question was around the legalities of keeping the phone, yes. I wasnt looking to 'get away' with anything, merely to understand my rights, and to exercise my rights to the full. Something this website tries to actively encourage.

They have discovered their mistake, and have asked for it back, I have not dug my heels in... All I have done is refused to take the day off work, to wait in for a delivery person, when I could use that same days' leave to spend in the summer, with my children at the beach.

Since this post, the network has cut off my line, leaving my emergency contact number for my elderly relatives and my childrens childcare as useless. If there is an emergency, I am not as easily contactable. This is not acceptable.

I have requested, fairly, that they cancel all my arrangements with them. They can collect both handsets, and they can bring me a cheque for my costs. ...At the same time, I will take a new contract with another telecoms provider, which I can tie in the delivery for the same day.

This is not the actions of someone 'digging my heels in'

I just prefer to have an 'upper hand' So that I dont get shafted in a queue of complaints that dont ever get sorted... At least I have the ohone, they reply to me quickly...

gjchester

matilda.cs wrote: »

This is not the actions of someone 'digging my heels in'

You've been asked to return one of them, it's not a days work to walk to the post office and post them. At most it would have been a tenner or so for special delivery to get signed proof of a return.

You may think have the "upper hand" but you now have two contracts in your name, One may have bene a mistake but your making it worse not better. If you don't do anything about you will be the one classed as at default. That means black marks on your credit file that last 6 years, bills for outstanding line rental (the entire amount ie 24 x your monthly contract) and potentially debt collectors.

Your past the 7 day DSR return point so you have very little chance of returning the phone to the network. The fact your number was cut of is unfortunatly your own doing, you were told what to do but chose to ignore it.

You mention "cheapest" iphone provider, if you went with Three as a network it gets worse, once a phone is turned on your return rights are pretty much voided.

You really reallly need to start doing as they ask, it is not going to get any better you holding the phone, it will only get worse.

NFH

gjchester wrote: »

Your past the 7 day DSR return point so you have very little chance of returning the phone to the network. The fact your number was cut of is unfortunatly your own doing, you were told what to do but chose to ignore it.

Then the OP should start quoting Section 24 of the Consumer Protection (Distance Selling) Regulations 2000. The fact that the network has opened two related service contracts and refuses to cancel one of them could be used to invoke Section 24.

In any case, the network is going to have trouble enforcing two service contracts when the OP agreed to not more than one service contract (and certainly didn't sign for more than one). The network is expecting the OP to go to the trouble of rectifying their mistake, whereas it should be the network doing everything possible to make life easy for the OP and retain him as a customer.

Quentin

Why is the network getting the blame for all this?

(Isn't the retailer to blame?)

gjchester

NFH wrote: »

Then the OP should start quoting Section 24 of the Consumer Protection (Distance Selling) Regulations 2000. The fact that the network has opened two related service contracts and refuses to cancel one of them could be used to invoke Section 24.

In any case, the network is going to have trouble enforcing two service contracts when the OP agreed to not more than one service contract (and certainly didn't sign for more than one). The network is expecting the OP to go to the trouble of rectifying their mistake, whereas it should be the network doing everything possible to make life easy for the OP and retain him as a customer.

We will have to disagree.

The unsolicited goods rules don't apply as this is simply a duplicate order.

The courts usualy take a "reasonable man" approach. In this case what is more reasonable? That the OP would be sent a iphone free, is it reasonable it was "buy one get one free" on the iPhone or is it reasonable this is simply a duplicte order.

Even if it could be considered unsolicted the network has realsied the mistake and asked for one back. The OP has a duty of care to do that, to retain the phone after being asked to return it would be seen as theft. Ideally without inconvenice to the sender, but again is it reasonable to expect the sender to arrange a night or evening courier or ask the OP to post it and pay postage costs.

I agree it's poor customer service about which phone needs to be returned, or supplying a pre-paid bag, however the OP is not helping in this case.

matilda.cs

gjchester wrote: »

We will have to disagree...

...however the OP is not helping in this case.

Firstly, I am not blaming the Network at all. They have been fairly helpful throughout....I am blaming the people who set up 2 contracts. The Network/phone provider did not realise the mistake. The mistake was completely undetected until I contacted them.

I am, unfortunately, in a place of employment that is strict on my working hours.
The times that I work and my personal circumstances mean that the post office is closed while I am not at work. It isn't a case of 'not helping the case' I have no choice. I like I said, I'm not going to go out of my way to send back a phone that I could end up having to pay for regardless.

The line being cut off was not my fault at all. When I spoke to them they said they would not cut it off, but they did anyway.

Due to their mistake, the contract that I had started using was, in fact, the contract that I was not meant to have. I.e., they insisted that they cut off the number of the phone I had been using, and have asked me to return the phone I have been using. They have cancelled that contract, as if it never happened. no bill to pay, no line rental, no phone.

This means the correct phone (the one they sent later) is the one I should have been using. (a phone I picked up from the post office less than a week before. (ish))

I have spoken to the network and they have said, because I haven't used the sim card, I have not agreed to the contract terms and therefore do not have to continue.

The phone provider originally offered me a refund on the extra phone and a credit for my trouble, but only if I keep the second contract. The said explicitly, that if I chose to return both phones and cease all business with them...They would NOT refund me for either phone.

I explained that they took the money for the extra phone without my consent and failure to return it will constitute theft on there part. After explaining my legal rights and the threat of legal action, they have now agreed that I can send back BOTH phones, get a refund on both phones, and get a cheque for circa £50 for the trouble.

I am then going to get a new contract, probably with 3 as per the MSE email yesterday (free phone, £30p/m) I can have the day off work to get my new phone, and coincide collection of the two old ones for this day too.

Thanks for trying to help, gjchester but I think you need to be more assertive. Complaints to FSA cost the company £hundreds of pounds, even if the FSA agree with the company. Most companies will sort small claims in customers' favour before it gets that far.

I was very careful that most of my contact between the Network and broker was electronic so that I have a paper record of everything. It really helps to have a good timeline of activities and evidence if the brown stuff hits the fan!!

It's worked out ok, in the end, now I just need to wait for me'cheque!!

pingu

matilda.cs wrote: »

Hi there,

I have recently bought a brand new iPhone on contract from a major UK telecoms company. The supplier of the telephone is a third party phone provider similar to, for example, Carphone Warehouse.

Basically, I have received two iPhones, when I ordered only one.

Legally speaking, (forget morality...) what are my rights when it comes to the extra phone? Personally, I'd like to keep it and give it to my partner, but I dont want to break the law... :A

I wondered what the official/legal stance would be.

Is it a "bank error in my favour" , so to speak?


Many thanks

tried to con them but it backfired should have been on the phone as soon as you received TWO instead of ONE(you know you ordered one) you could have save yourself all this hassle:mad::mad::mad::mad::mad:

matilda.cs

pingu wrote: »

tried to con them but it backfired should have been on the phone as soon as you received TWO instead of ONE(you know you ordered one) you could have save yourself all this hassle:mad::mad::mad::mad::mad:

You my friend, are an idiot.

I did not try to con them. The act of conning someone suggests an illegal/fraudulant activity.

I asked about my rights from a legal POV.

From my communications with all parties, there was nothing I could have done sooner that would have made any difference. I had no input on the second contract... It was their doing.