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Mobile phone sent by royal mail and signed by a third party

Naya
Naya Posts: 76 Forumite
Good afternoon all,

I hope that you can assist me. I renewed my mobile contract with T-mobile on the 11 Dec 12. They sent me my new phone to my work address and it was signed by a third party, who I do not know as there is no name.
T-Mobile did not tell me that it was coming through royal mail nor that anyone can sign for it. Now they are refusing to cancel the contract even though I am in my 7 days. I have spoken to 4 people in T-mobile and they are saying that there are no records of my calls.

It seems that I am now liable for a 24-month contract with no rights.

I contacted Royal Mail, which states that they have done their job delivery the parcel at the address mentioned and there is nothing they can do.

Can anyone please help....:angry
«13

Comments

  • Curr946
    Curr946 Posts: 525 Forumite
    Part of the Furniture Combo Breaker
    well, you asked for the handset to be delivered to x address. T-mobile accepted that request and arranged for royal mail to make the delivery. Royal mail delivered the phone as per their policies.

    T-mobile arranged for the delivery as per your instructions
    Royal mail delivered as per those instructions

    Unsure what you expect t-mobile to do.... This is now a civil case with your office staff. Dose your office not have a reception? Surely you can narrow it down.
    If you keep on doing what's you've always done, you'll keep on being what you've always been...:think:
  • Naya
    Naya Posts: 76 Forumite
    I was not told that it was going to be delivered by Royal Mail. No one in the office signed for it as I was there myself at the time they states it was delivered.

    What would you do if it happens to you.

    Lose the phone and pay the contract for 2 years.?
  • keith1950
    keith1950 Posts: 2,597 Forumite
    1,000 Posts Combo Breaker
    You can only cancel the contract if you return the phone so that option is out.

    I think your only recourse is to take this up with Royal Mail and ask them to look into it for you again.
  • So what you're saying is that Royal Mail aren't being truthful? If this is the case, you'll need to sort it out with them, not with T-Mobile as you can only cancel the contract if you send the phone back.

    Contact Royal Mail and argue that it was never signed for. If not, as Curr946 says, raise a civil case against your colleagues.
    I love adventures. Unfortunately, I don't get to go on them nearly enough. My simple solution? - To indulge in the digital artefacts of the adventures of others. Feel free to indulge in them with me.
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  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 December 2012 at 1:21PM
    This was discussed many times here and there were different opinions.

    IMO, everything is very clear. 'Some signature' without a name that was not checked by the RM doesn't prove anything. Any person could have signed the receipt at any place. So, it's up to the RM to prove the delivery and they cannot prove it.

    Personally, I'd sue either the RM or the sender (not sure) for the value of the handset through the small claims court (online). I think it is the company as your deal was with them, not with RM. Neither can prove that the handset was delivered. The company can sue the RM in their turn.

    A similar discussion: Sent phone back but they say did not get it.
  • grumbler wrote: »
    This was discussed many time here and there were different opinions.

    IMO, everything is very clear. 'Some signature' without a name that was not checked by the RM doesn't prove anything. Any person could have signed the receipt at any place. So, it's up to the RM to prove the delivery and they cannot prove it.

    Personally, I'd sue either the RM or the sender (not sure) for the value of the handset through the small claims court (online). I think it is the company as your deal was with them, not with RM. Neither can prove that the handset was delivered. The company can sue the RM in their turn.

    A similar discussion: Sent phone back but they say did not get it.

    OP - this is good advice.
    I love adventures. Unfortunately, I don't get to go on them nearly enough. My simple solution? - To indulge in the digital artefacts of the adventures of others. Feel free to indulge in them with me.
    pinterest - pinterest.com/jetsetterjoe/
    twitter - @jetsetterjoe7
  • Naya
    Naya Posts: 76 Forumite
    So what you're saying is that Royal Mail aren't being truthful? If this is the case, you'll need to sort it out with them, not with T-Mobile as you can only cancel the contract if you send the phone back.

    Contact Royal Mail and argue that it was never signed for. If not, as Curr946 says, raise a civil case against your colleagues.

    I am sorry, how can I raise a case against my colleagues, when I was in the office with them and no-one signed for it. We are a team of 3, 1 sit opposite me and the other to my right.
  • Naya
    Naya Posts: 76 Forumite
    It's a Nokia Lumia 920, approx £450.00
  • Fifer
    Fifer Posts: 59,413 Forumite
    10,000 Posts Combo Breaker
    Read grumbler's mail. Although my opinion is that the OP has no contract with RM. RM were engaged by T-Mobile. It was T-Mobile's duty to get the phone to the customer. They have subcontracted that responsibility to RM who appear to have failed. The OP should take a small claims court claim out against T-Mobile.
    There's love in this world for everyone. Every rascal and son of a gun.
    It's for the many and not the few. Be sure it's out there looking for you.
    In every town, in every state. In every house and every gate.
    Wth every precious smile you make. And every act of kindness.
    Micheal Marra, 1952 - 2012
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Fifer wrote: »
    Read grumbler's mail. Although my opinion is that the OP has no contract with RM. RM were engaged by T-Mobile. It was T-Mobile's duty to get the phone to the customer. They have subcontracted that responsibility to RM who appear to have failed. The OP should take a small claims court claim out against T-Mobile.

    Indeed so, royal mail's contract is with the sender.

    You can also cancel the contract, it is a two way thing.
    If you feel they have not provided what the contract says, send them a notice of cancellation due to contract frustration.
    Be happy...;)
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