John Lewis order stolen in transit, JL won't do nothing about it?!

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  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Civic93 wrote: »
    sensible response so far, thanks

    Been to the police again today, they cannot issue a crime reference number as the officer and his sergeant say the contract is with john lewis and john lewis have to contact the police for a crime reference number not myself. told john lewis this again, and they say the same thing 'we can't do any further investigation without reference no', they asked the exact thing 2 weeks ago, i told the officer to talk to john lewis and he did explain, yet in circles

    Ive written a formal complaint and sent recorded to head office, waiting for a response, as expected no contact yet, trading standards to be contracted again on monday for further steps.

    The police arent taking your complaint because basically (in their view) the goods werent stolen from you, they were stolen from JL (ownership doesnt pass until you've taken possession of the goods). This is wrong imo as you do not have to be the victim to report a crime.

    Do you have the serial no's for the missing ipads? Not sure if they'd be willing to help but perhaps contact apple and ask them to confirm whether they have been registered? They wont be able to tell you the persons details but if they do have details for them, it gives the police a trail to follow.

    How have you been dealing with JL? Via email with general customer services? Have they escalated your complaint at all?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
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    The police arent taking your complaint because basically (in their view) the goods werent stolen from you, they were stolen from JL (ownership doesnt pass until you've taken possession of the goods).

    I don't think this is true (at least in the general sense). Regulation 17 of the Sale of Goods act says that property transfers when it is intended to. Regulation 18 lists rules for ascertaining intent where the contract isn't explicit, and rule 1 states that property transfers when the contract is formed (even if delivery has not yet occurred)

    So unless the terms of the contract dictate otherwise, OP owned the goods when Apple accepted the offer.

    The risk was still with Apple until delivery though, so Apple are responsible if they did not reach their destination.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    I don't think this is true (at least in the general sense). Regulation 17 of the Sale of Goods act says that property transfers when it is intended to. Regulation 18 lists rules for ascertaining intent where the contract isn't explicit, and rule 1 states that property transfers when the contract is formed (even if delivery has not yet occurred)

    So unless the terms of the contract dictate otherwise, OP owned the goods when Apple accepted the offer.

    The risk was still with Apple until delivery though, so Apple are responsible if they did not reach their destination.


    Obviously mike means JL rather than Apple.
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
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    agrinnall wrote: »
    Obviously mike means JL rather than Apple.

    Oops, indeed I did. In my defense, another thread I posted in recently about an item that never got delivered was indeed about Apple.
  • Civic93
    Civic93 Posts: 22 Forumite
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    The police arent taking your complaint because basically (in their view) the goods werent stolen from you, they were stolen from JL (ownership doesnt pass until you've taken possession of the goods). This is wrong imo as you do not have to be the victim to report a crime.

    Do you have the serial no's for the missing ipads? Not sure if they'd be willing to help but perhaps contact apple and ask them to confirm whether they have been registered? They wont be able to tell you the persons details but if they do have details for them, it gives the police a trail to follow.

    How have you been dealing with JL? Via email with general customer services? Have they escalated your complaint at all?

    No i don't have any serial numbers at all, all i got was a invoice which doesn't say any serial no's on there,

    Ive been dealing with JL by phone, first it used to be general phone customer service, however later on i would call in to customer relations department direct. The police officer spoke to customer relations department and explained everything. The police officer and the sergeant will not issue a crime reference number because it is meant to be done by john lewis, i have been to two different police stations and been told the same thing

    I made a formal complaint in writing sent out this monday recorded delivery,
  • Ectophile
    Ectophile Posts: 7,376 Forumite
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    You don't say how you paid for the order. If it was by credit card, then you have another approach you could take.

    Contact the credit card company and tell them that JL have taken the money but not delivered the goods. Ask to claim the money back under Section 75 of the Consumer Credit Act. The credit card company is jointly liable with the retailer for performance of the contract.

    If the order was by any other means, then Section 75 doesn't apply.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • shammyjack
    shammyjack Posts: 2,685 Forumite
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    Ectophile wrote: »
    You don't say how you paid for the order. If it was by credit card, then you have another approach you could take.

    Contact the credit card company and tell them that JL have taken the money but not delivered the goods. Ask to claim the money back under Section 75 of the Consumer Credit Act. The credit card company is jointly liable with the retailer for performance of the contract.

    If the order was by any other means, then Section 75 doesn't apply.

    It does if it is a Visa Debit Card !
  • Civic93
    Civic93 Posts: 22 Forumite
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    Ectophile wrote: »
    You don't say how you paid for the order. If it was by credit card, then you have another approach you could take.

    Contact the credit card company and tell them that JL have taken the money but not delivered the goods. Ask to claim the money back under Section 75 of the Consumer Credit Act. The credit card company is jointly liable with the retailer for performance of the contract.

    If the order was by any other means, then Section 75 doesn't apply.

    Debit card? TSB?
  • Civic93
    Civic93 Posts: 22 Forumite
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    shammyjack wrote: »
    It does if it is a Visa Debit Card !

    So i can do something??
  • shammyjack
    shammyjack Posts: 2,685 Forumite
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    If your TSB debit card shows the Visa Logo contact them !
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