Apple will not refund a missing parcel £700 out of pocket :(

feyaz

Hey all,

I need some advice I placed an order with Apple online for a new phone. It did not arrive the day it was supposed to, or the next day, or the next day. So I cancelled my order with them as they told me it was available in a store.

Apple said the delivery would be returned to them by UKMail and they would refund the money in 5-7 days.

However in the meantime UKMail updated their system and the item was signed for by someone at the exact same time I was on the phone to Apple sat 2 metres from the front door.

Apple are saying I have received the delivery, which is calling me a liar which I take extreme offence to. It was signed for under a name that I do not recognise.

They've asked me to report it to the police as someone signing for my parcel, but UKMail have said it was signed for over the threshold - which is signed for in the door way with the door open - which could not happen as I was there. Surely I'm wasting police time as this is not my issue. As far as I'm concerned at the time of the delivery my order was cancelled. The driver did not cross the threshold as I was there and no one else would've answered the door.

What are my rights in this case? I have ordered it using my credit card - but what if the credit card company refuse it like Apple??

Apple have confirmed that the phone has not been activated.

Any help would be appreciated.

arcon5

Report it to the police and give apple the crime reference number.

Although you shouldn't have to, Apple are the victims of it not you... but just do that and save all the hassle

ncmurray

I would definitely report it to the police. And contact your credit card company asap.....

Also, if you flag it up to UK Mail, perhaps the driver can confirm where he delivered it to? You would want to do that quickly though.. as memories fade fast

Marktheshark

It is not your parcel and the contract with Apple is not fulfilled until it is delivered TO YOU.
I would send them a "deadlock letter" so you can start a chargeback claim and you can prove you have attempted to obtain a refund via Apple.
They are the victim of the crime and they must refund you by law.

However to get a chargeback you have to shout past the goon on the phone at the credit card firm paid to tell you you can not have a chargeback and often shout it is. .

Marktheshark

ncmurray wrote: »

I would definitely report it to the police. And contact your credit card company asap.....

Also, if you flag it up to UK Mail, perhaps the driver can confirm where he delivered it to? You would want to do that quickly though.. as memories fade fast

UK mail will inform the OP they have No contract with him.

Apple are the ones who need to report the crime, they are the victims, they have refused a refund, next step is chargeback.

powerful_Rogue

Looking at it from the other point of view.

Apple have dispatched the item via UKMail and have a signature showing the item has been delivered. So to Apple it appears they have fulfilled their obligations.

I would do as they suggest and report it to the police. You can then provide the police report to Apple so they can them chase up UKMail.

A bit of give and take in these situations always assists in getting the issue resolved quicker.

Marktheshark

Sticking to your guns and the legal position gets things solved.
The contract has not been met.
I would inform Apple it has not been delivered and I simply do not care one bit who has signed what, the contract was to deliver it to me.
If they have allowed the courier to steal it, that is their problem.

Stepping the crack and taking ownership for the stolen item is not a smart move at all.
First thing is to place Apple on written notice the contract is not in force as it has not started.

bris

But the contract has been met, they have proof of delivery so all the advice on here isn't going to help. You have to remember anyone can sign for a delivery, it's to the address and the recipient on the package does not need to sign for a successful delivery.


It is now a civil matter between you and Apple, the police wont get involved neither will the CC as they will also take the proof of delivery as evidence against you. Only the courts can help, UKmail will provide the proof, the courts will decide on the evidence presented to them.

Marktheshark

bris wrote: »

But the contract has been met, they have proof of delivery

Not to the OP they dont and that is what they need.

The op should take this up with the Credit card company and demand a chargeback, they are jointly liable.

lucy03

bris wrote: »

But the contract has been met, they have proof of delivery so all the advice on here isn't going to help. You have to remember anyone can sign for a delivery, it's to the address and the recipient on the package does not need to sign for a successful delivery.

It is now a civil matter between you and Apple, the police wont get involved neither will the CC as they will also take the proof of delivery as evidence against you. Only the courts can help, UKmail will provide the proof, the courts will decide on the evidence presented to them.

It probably though wouldn't be inadvisable for the OP to just e-mail their local community police team and say that Apple have asked the police to intervene. That can only lead to three outcomes:

(i) The police will intervene and investigate (highly unlikely)

(ii) The police will issue a crime reference number and then not do anything.

(iii) The police will say it's entirely a civil matter and then not do anything.

Whatever of the three outcomes above at least the OP can say in civil court proceedings that they did as they were advised by Apple which would show willing. The simple act of reporting to the police might also convince Apple to pay more attention to this matter now, rather than later.

Marktheshark

You forgot (iv) The police will inform the OP that if someone has stolen a phone from apple by forging a signature then as the OP has never had possession of the property they are not the victim and Apple should call the police themselves instead of advising other people to do it.

A forged signature is not proof of anything, if it were, fraud would be complete kids play.

As for showing willing, Apple will do that by collecting the OP's money and trashing the OP's credit rating if they stop the DD payments.

Very bad and poor advice tonight on here IMO, the OP needs to stick firmly to the legal side of the fence.
The credit card are jointly liable, if Apple wont admit their phone has been nicked and the OP does not have it, then get the credit card company to knock it in to their thick heads, they tend not to be as easy to bully as the man in the street, they have lawyers on the books, lots of them.