Mobile Stolen from Carphone Warehouse

missyp284

Hi,

I'm not sure if I'm posting in the right place but I'm hoping you guys can help me.
I went into Carphone Warehouse this afternoon as I've been having issues with my mobile charging. So I explained the issue to the guy in store who advised as my contract was due to expire in January I may be able to upgrade my phone early at no extra cost. So he called Vodafone but was on hold for more than 30 minutes. During this time he took my phone and was doing some diagnostic tests and getting the IME No etc.
While this was going on I started looking at the phones on display in case I decided to go ahead with an upgrade. After a few minutes I went back to the counter and noticed my phone wasn't there so asked the store advisor where it was.
It turns out someone had stolen it from the counter. CCTV was checked to confirm this and the police were called etc.

Now to cut a long story short, in my opinion my phone was in the the care of Carphone Warehouse at the time of the theft and they should be responsible for a replacement. But they are basically saying I have to buy myself out of my contract.

Is this correct?

discat11

I would say, given your account that you had no choice but to hand over the phone to their staff then your assumption is correct.

The responsibility for the phone was theirs.

They are a rubbish company IME anyway, I wouldn't buy 2 tin cans and a bit of string from them.

That still may not get you out of the contract however since the contract could be fulfilled by getting a replacement sim and using it in another phone.

I take it crapphone !!!!!house put a block on the number straightaway?

missyp284

Hi Discat11

The contract is with Vodafone and the number has now been blocked. And they are sending a replacement SIM. But I have no phone to put it in.
I'm going back to CW in the morning to try and get a replacement phone sorted but they are saying I need to pay the settlement fee to get out of the Vodafone contract.
Carphone Warehouse were going to offer me a trade in on my old phone (before it was stolen) to cover this amount so in effect I wouldn;t have to pay the settlement. But as I now no longer have a phone they say I have to cover this cost.
My view is they should cover this as the phone was stolen while technically in their care.

Marktheshark

I would take them a letter before action titled Failure of duty of care.
basically explain that whilst attempting to fix a software fault they allowed the phone to be stolen from the person dealing with the software issue and as a result you have suffered a loss caused wholly by their negligence and failure to perform a duty of care to the goods they had in possession.

Inform them they can either replace the phone like for like, offer a payment of the value of the phone or in 14 days have court papers served, have a postal copy ready as well and post to head office when they smug it off in the shop.

Tigsteroonie

Who touched it last and placed it on the counter? If the staff member didn't make a point of handing it back to you (where it would have been secure), then it was in their possession and they need to replace it.

JMO!

missyp284

Marktheshark wrote: »

I would take them a letter before action titled Failure of duty of care.
basically explain that whilst attempting to fix a software fault they allowed the phone to be stolen from the person dealing with the software issue and as a result you have suffered a loss caused wholly by their negligence and failure to perform a duty of care to the goods they had in possession.

Inform them they can either replace the phone like for like, offer a payment of the value of the phone or in 14 days have court papers served, have a postal copy ready as well and post to head office when they smug it off in the shop.

oohh I like the sound of that. Do you know of any templates I could use?

missyp284

Tigsteroonie wrote: »

Who touched it last and placed it on the counter? If the staff member didn't make a point of handing it back to you (where it would have been secure), then it was in their possession and they need to replace it.

JMO!

The CW guy touched it last. He even said 'I pushed it in your direction' in an attempt to pass the responsibility back to me. I told him that as he never actually handed it to me I had no reason to belive he had finished what he was doing with it.