Should I keep a second iphone sent by Vodafone in error...?

tomincognito

I was sent a duplicate iPhone 4 back in June when I agreed an upgrade on my account. I was told it when it was due to arrive but it didn't show and I ringing them every day until they sent me another. Typically the original one turned up the next day and before long I had two.

I have tried my absolute best to get them to take it back from me but they either don't care about it or are too slow to understand what I'm saying to them.

First I asked to cancel the second delivery but they said that wasn't possible. I would have to take delivery, and then arrange the same courier to pick it up from me on another day. So I did, booked a collection for a Saturday only to be called back and told in a voicemail that the courier doesn't operate on Saturdays... I sent a long complaint email and got the response that ignored my complaint altogether and just said "please call 191 option 4". As I had called them every day and this was their mistake I felt they should contact me to correct it.

It's been 3 months and I still have an unopened iPhone 4 - I believe I have made more than a reasonable attempt to return it but it seems to be impossible. I want to know where I stand and crucially: Can I flog it? Vodafone don't pay tax in the UK and I would love to get £400 at their expense...!

Bit long winded but we got there in the end. Cheers all!

Tom

elisebutt65

Unsolicited goods are those which have been sent to you without your request and which have not ordered. The 'Distance Selling Regulations' state that you can treat these goods as an 'unconditional gift'; in other words, you can keep them or give them away, sell them, use them or destroy them, and the trader cannot expect you to have to pay for them. Beware, sometimes you may not have realised you have agreed for goods to be sent to you. If unsure, please contact Citizens Advice for further advice.

http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*adv0051-1111.txt
I think if you've tried to return it, then the above covers you

mattyprice4004

Unlike everyone else that seems to start these threads, you've made a good effort to try and send it back IMO.

Keep copies of any proof you've attempted to return it, and then I'd be on your side with keeping hold of it.

tomincognito

Hi Elise,

Thanks for the reply. Just another quick question... Is there a distinction between unsolicited goods and a duplicate order? I think I need to confirm where I stand legally. I have a horrible feeling that Vodafone will have the right to charge me if I sell the phone, regardless of how much I have tried to return it and how poor their level of service has been...

tomincognito

mattyprice4004 wrote: »

Unlike everyone else that seems to start these threads, you've made a good effort to try and send it back IMO.

Keep copies of any proof you've attempted to return it, and then I'd be on your side with keeping hold of it.

Cheer Matty. I'm definitely not someone who thought I was quids in. I tried to send it back because I'm honest and didn't want the hassle (I should have known)... But the thing has been in an unopened plastic bag for 3 months and I'm thinking how long do I just leave it there waiting for Vodafone to ask for it back!?

banger9365

i agree with you,about vodafone charging you for the phone,i think if it was me ,i'd be going to a vodafone shop to see if they can get it sorted ,
and if they take it off you get proof they have it,and proof you been in to try to sort it ,

espresso

tomincognito wrote: »

................ I want to know where I stand and crucially: Can I flog it? Vodafone don't pay tax in the UK and I would love to get £400 at their expense...!

Bit long winded but we got there in the end. Cheers all!

Tom

If Vodafone have any sense, the handsets IMEI number will have been added to shared blacklist database, making it a worthless paperweight.

DUTR

espresso wrote: »

If Vodafone have any sense, the handsets IMEI number will have been added to shared blacklist database, making it a worthless paperweight.

You mean it wasn't already?
Iphone 5 you know you wanna :beer:

societys_child

espresso wrote: »

If Vodafone have any sense, the handsets IMEI number will have been added to shared blacklist database, making it a worthless paperweight.

As I was reading this thread, I was thinking the same. It could have been blocked if they think it went missing.

NFH

espresso wrote: »

If Vodafone have any sense, the handsets IMEI number will have been added to shared blacklist database, making it a worthless paperweight.

As it is SIM-locked, they will most likely block it temporarily only on their own network rather than globally blacklisting it across all networks. The latter is much harder to undo. Given the risk of this happening, you could have problems with the buyer if you sell it on.

The relevant legislation is Regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000.

Forwandert

elisebutt65 wrote: »

http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*adv0051-1111.txt
I think if you've tried to return it, then the above covers you

It isn't and will never be unsolicited goods. That is when a company you have had no dealings with randomly sends you an item

OP write a letter explaining the situation. State a reasonable amount of time as for them to collect the item ie 14 days and they must arrange collection. State after the amount of time has passed you will be disposing of the item and send recorded. Also keep a copy for your records.