Out of pocket having to sort EE's mistake

budfly

I upgraded last week with EE in one of their shops. I selected the i phone 5S and got it that day.


A week later they have sent me an i phone 6 in the post. Essentially a second phone which I did'nt order. Its clearly a mistake by EE.


What really annoys me is that it was missed delivery. I had to use up almost 90 minutes of my day off going to collect it from the delivery company they used. Almost 40 miles from my house.


I have contacted EE and and told them about the mistake but they have made out like its my problem/fault. I now have to take action to return the stupid phone I don't want.


I suggested that they at least pay my petrol for sorting it out but so far they wont do it.


Has anyone experienced a similar issue with EE. I don't want to keep the phone but I feel they should at least credit my account to reflect i am out of pocket for sorting out their mistake?

grumbler

You are unlikely to get refunded the money you spent on collecting it, especially that I think there were better options than driving 40 miles.
However, you surely don't have to spend a penny on sending it back. It's their problem, not yours.

Rev

Have they set up two different contracts? Or charged you extra?

I believe distance selling regs state that you don't have to return goods not ordered. Nor do you have to pay for them.
But you do have to give the sender the chance to collect them.
CAB have a guide about receiving unsolicited goods.


Basically call them and tell them they have 14 days to collect the item at a time suitable to you or you 'll dispose of it/consider it a gift.


http://www.adviceguide.org.uk/england/letters/introduction_to_letter_on_receiving_unsolicited_goods_or_service.htm

keith1950

I have contacted EE and and told them about the mistake but they have made out like its my problem/fault. I now have to take action to return the stupid phone I don't want.


I suggested that they at least pay my petrol for sorting it out but so far they wont do it.


Has anyone experienced a similar issue with EE. I don't want to keep the phone but I feel they should at least credit my account to reflect i am out of pocket for sorting out their mistake?

If there hasnt been two contracts set up I would just forget about it, if they want it back they can call and collect it at a time to suit you ( even if thats after 6pm on a Sunday) its their problem.

Personally I wouldnt have contacted them in the first place.

One third party supplier has on two seperate occasions in the past send me a phone but not actually set up a contract with the network......Its their problems.....I ended up with two £500 mobiles at no cost to me and no contract set up.

Swipe

They won't pay your petrol as you could have re-arranged delivery for another day for the cost of a phone call.

gjchester

Rev wrote: »

CAB have a guide about receiving unsolicited goods.

Its not unsolicited goods its a mistake by someone, They have to be returned but as Grumber pointed out at the senders cost.


From the CAB page


The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say you have a right to keep goods delivered to you that you didn’t ask for. These are known as unsolicited goods. But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods. You might get goods sent by mistake if they are meant for someone else or you’ve been sent duplicate or extra items on top of what you ordered.
If you receive goods you have not ordered and which haven’t been sent by mistake, you can treat the goods as an unconditional gift and you can do what you want with them