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

lucy03

Marktheshark wrote: »

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.

Anyone can report a crime to the police, whether that be Apple, the delivery company or the recipient. I would expect a crime reference number to be issued. That doesn't mean the police will do anything but the OP can then use that number if Apple, the courts or their credit card company ask for it.

As a side issue I've never met a police officer who has advised against reporting a crime. In the majority of instances it's almost just background noise but sometimes a pattern of reports might be useful to them. They might happen to find someone selling the stolen phone and the information might be useful. It's unlikely but I don't believe reporting matters wastes police time.

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.

With numerous credit card companies the form they send for a disputed transaction often has "do you have a police crime reference number?" or a similar question. It's not an unusual thing for them to request. A "yes" might mean that the card company pays out quicker than if someone answers them "no". A credit card company shouldn't just reverse a transaction at will, it will still have to take reasonable care to contact the merchant and follow a due process.

prowla

The contract was for Apple to deliver the purchased product to their customer.

It's not been done so the contract has not been fulfilled.

Whether or not Apple's agent (ie. the courier company) failed to deliver it (or delivered it to the wrong place, or stole it, or made some other error) is Apple's problem.

Me, I'd report the crime and get a reference number form the Police, and raise the issue with the CC company.

(Hopefully Apple will have a record of the item's serial number, and so will be able to identify it when it's activated.)

bris

prowla wrote: »

The contract was for Apple to deliver the purchased product to their customer.

It's not been done so the contract has not been fulfilled

The contract is fulfilled, the postal services deliver to an address not a recipient.


In UKmails case you will find in the T&C's 8.3. You will also find it in every other couriers T&C's.


Can you imagine the amount of false claims not to mention the amount of failed deliveries if it had to be a recipient that received it, the postal service could never handle this.


I the parcel has been delivered to the correct address the contract is fulfilled and the OP's problems are in their own household.

enfield_freddy

bris wrote: »

The contract is fulfilled, the postal services deliver to an address not a recipient.


In UKmails case you will find in the T&C's 8.3. You will also find it in every other couriers T&C's.


Can you imagine the amount of false claims not to mention the amount of failed deliveries if it had to be a recipient that received it, the postal service could never handle this.


I the parcel has been delivered to the correct address the contract is fulfilled and the OP's problems are in their own household.

yes I agree with that statement for general posted goods delivered by a postman , however for a signed for item the parcel is sent to a "Mr XXXX" at "XXXX XXXX" address and has to be signed for by a Mr XXXXXX ,

unholyangel

bris wrote: »

The contract is fulfilled, the postal services deliver to an address not a recipient.


In UKmails case you will find in the T&C's 8.3. You will also find it in every other couriers T&C's.


Can you imagine the amount of false claims not to mention the amount of failed deliveries if it had to be a recipient that received it, the postal service could never handle this.


I the parcel has been delivered to the correct address the contract is fulfilled and the OP's problems are in their own household.

And if the parcel has been delivered to the wrong address or left in a "safe" place and signed for by the courier or even delivered to a neighbour?

Just as it would be up to a consumer to prove they had paid a bill if the retailer said they did not, its up to the company to prove they complied with their obligations and delivered it to the OP's address.

bod1467

bris wrote: »

In UKmails case you will find in the T&C's 8.3. You will also find it in every other couriers T&C's.

The recipient has no contractual arrangement with UKMail, so those terms are irrelevant - they only apply between UKMail and Apple.

feyaz

An update!

Apple are refusing to refund my money. They say they have proof of delivery and have told me to contact the police or my credit card company.

When I ask them for proof or delivery and the response to an investigation with UKMail they are refusing to give me that information. UKMail are also refusing to give me that information and asking me to contact Apple.

In addition to this they are saying that I had no right to cancel the order as it has been despatched even tho they said it would be returned to them by UKMail - they did not explain this to me at the time either.

They are sticking to their guns that UKMail delivered "over the threshold" which means someone signed for it stood within the front door whilst open which is a physical impossibility as the door was not opened. The obvious outcome is that they delivered to someone standing outside my door which UKMail have failed to carry out instruction by Apple or that they have delivered to the wrong address which is again a failure to deal with Apples instruction. Thirdly I guess the driver has stolen the phone and signed for it himself or herself.

wealdroam

feyaz wrote: »

Apple are refusing to refund my money. They say they have proof of delivery and have told me to contact the police or my credit card company.

Then why don't you do that?

feyaz wrote: »

In addition to this they are saying that I had no right to cancel the order as it has been despatched even tho they said it would be returned to them by UKMail - they did not explain this to me at the time either.

You have every right to cancel your order, and can do so any time after placing the order up until 14 days after receiving the goods.
As you have not yet received the goods, you are clearly within that timescale.
ref: Regulation 30 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

peachyprice

unholyangel wrote: »

And if the parcel has been delivered to the wrong address or left in a "safe" place and signed for by the courier or even delivered to a neighbour?

Just as it would be up to a consumer to prove they had paid a bill if the retailer said they did not, its up to the company to prove they complied with their obligations and delivered it to the OP's address.

It's not unusual for high value items to actually state on the label 'Not to be left with neighbour/in a safe place. Just like the iphone my son received 2 weeks ago that was addressedto him but signed for by my husband.

prowla

feyaz wrote: »

An update!

Apple are refusing to refund my money. They say they have proof of delivery and have told me to contact the police or my credit card company.

That's what I said too.