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HTC won't help me at all - can you??

I sent my new mobile phone to be fixed with HTC after it proved to be faulty. They sent it back through UPS and because of terrible security/dishonesty they possibly signed it over to a stranger who was posing as our building porter (I live in a block of flats) or possibly just took it themselves. I am not sure what has happened to my phone but all I know is I don't have it. I have had a month of speaking to HTC who claim that as the phone was delivered to the address, it's not their responsibility and the case is closed. I maintain that it is their responsibility as they hired UPS and UPS did not deliver the phone properly. This has caused me so much stress over the last month. I am in tears as I write this. I've reported it to the police and consumer direct but HTC are just slamming the door in my face despite, I am sure, these situations being covered by their insurance.

Any advice would be brilliant!

Comments

  • pendulum
    pendulum Posts: 2,302 Forumite
    Getting the phone back to you is their responsibility, if it gets nicked on-route then it's their problem.
    You've done the right thing by reporting it to the police and they should be treating you seriously now.
    If they're not, then a recorded delivery "letter before action" stating they have 14 days to sort you out before you file small claims papers would be my route (and follow through with it too).
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A similar thread: Can anyone help on my Cash4phones and the Royal Mail dilemma

    I'd sue them. They have to prove that it was delivered to you, bat they wouldn't be able to do this.

    However, I wouldn't hold my breath for our police to do anything about this.
  • teffers
    teffers Posts: 698 Forumite
    Part of the Furniture 500 Posts
    I've had the same level of annoying discussions with HTC, don't give up.
    It's definitely their responsiblity to deliver the item back to you at your address (as in your door, not the complex/block of flats you live in).

    It's a high value/risk item and if THEIR courier has chosen to deliver it to someone other than a person at your address then it's their issue in recovering / replacing it.

    You're in the right. Try to stay calm as this is a common problem with couriers/stores etc when they mis-deliver.

    Fully explain the situation in a formal complaint, give up trying to speak to them on the phone, in my experience this got me nowhere fast. Explain that if they don't resolve the matter then your next step is a small claims court procedure for the cost of your missing phone + expenses.

    Realistically how could it ever be your fault that their courier gives the delivery to someone not at your address ? It's silly.

    It's very easy to let them get to you, slow down, relax and procede forward.

    Hopefully it will be resolved after a strongly worded letter from yourselves (sent recorded ofcourse).
  • pendulum
    pendulum Posts: 2,302 Forumite
    pendulum wrote: »
    You've done the right thing by reporting it to the police and they should be treating you seriously now.
    Just to clarify what I wrote; I meant that HTC should be taking you seriously now, not the police. The police won't bother to investigate this, as the speed limit hasn't been broken.
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