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

Naya

I have been asked by T-mobile to email, which I have done but do not seem to get any acknowledgement. T-mobile is refusing to suspend the contract pending investigation.

T-mobile is saying, they have a signature as proof of delivery, so as far as they concerned, it has been delivered.

Royal Mail is saying the same.

Do you have any chance in a small court claims?

spacey2012

You would be better of serving them with notice of cancellation.
frustration is when they do not meet the contracts obligations and refuse to talk.
Write them a notice, let them sue you

custardy

OP. do you have the tracking number?
does it have an electronic signature?
if it was signed on a PDA then RM can access the GPS data as to where it was scanned

grumbler

I think you have a very good chance. Not 100%, but very close.
You have to send a Letter Before Action to T-mobile first. Give them, say, 10 days for supplying you with a new handset and demand the contract to be suspended for this time.

Then sue them for £450 plus the cost of the contract until you get the money plus related expenses.

grumbler

spacey2012 wrote: »

You would be better of serving them with notice of cancellation.
frustration is when they do not meet the contracts obligations and refuse to talk.
Write them a notice, let them sue you

They will not sue. They will charge the cancellation fee and ruin the credit file(s) if the OP cancels the DD and doesn't pay.

Yes, another option is to pay the ETC, then sue Tmobile for this amount plus expenses.

Naya

custardy wrote: »

OP. do you have the tracking number?
does it have an electronic signature?
if it was signed on a PDA then RM can access the GPS data as to where it was scanned

Yes I do have a tracking number and I spoke with the postman a few minutes ago...and he said he cannot remember who he left it with and said sorry. I have asked RM to send me a letter to claim but their customer service is a job....to make sense of out them...

custardy

Naya wrote: »

Yes I do have a tracking number and I spoke with the postman a few minutes ago...and he said he cannot remember who he left it with and said sorry. I have asked RM to send me a letter to claim but their customer service is a job....to make sense of out them...

does your postman use a PDA or paper for signature items?
if its a PDA then the GPS will show where it was delivered

Naya

It's a PDA..how do I get the GPS location...

Assume he stands in front of the building, signs for it himself and take the package back.

Note this is just an assumption....

custardy

Naya wrote: »

It's a PDA...

Then you need to press them to access the data
The management at your local delivery office can do this

Naya

I will and will update you all on how I get on....

thanks everyone so much....