Update - iPhone signed for by someone else, Apple refuse to refund

feyaz

Hi all,

A few weeks ago I posted this but in true forum fashion it ended up as people !!!!!ing about each other. So I've decided to try again and had some updates since.

I ordered an iPhone 6S costing £700 on the Apple website using my credit card.

It was despatched and on three occasions failed to be delivered ("no access to flats" given as the excuse even though it is a house - suggests wrong address, but on three occasions?? Foul play??) so I got fed up and rang to cancel the order, and went to a store to get one within 2 hours of cancelling the order.

When I cancelled the order they said UKMail would deliver it back to them and I'd receive a refund in 5-7 days. It's been over a month.

It was signed for by "Yusuf" - I don't know a Yusuf, UKMail say they delivered over the threshold suggesting a door open and hand over through the door way. Incidentally the package was signed for at the time I was on the phone to Apple cancelling the order, whilst sat a few metres from the locked door.

Apple say they have conducted a thorough investigation into the delivery with UKMail however will not confirm the GPS location of the van at the time of delivery. UKMail will not release any information to me either as I'm not the sender. As such Apple say they are not refunding me any money.

I've confirmed with Apple that the iPhone has not been activated.

I've quoted the following to my Apple agent (who's in California) from the Consumer Rights Act:

Part 1 Chapter 2 Section 25 subsection 10. Cancellation.

This says I can cancel at any point up to delivery.

Part 1 Chaper 2 Section 29 subsection 2. Passing of risk.

I did not receive the iPhone as the (a) consumer, (b) nor was "Yusuf" an identified person to take possession.
Also this subsection 2 says the goods remain at the risk of the trader until in physical possession of the consumer - delivering to an address is not physical possession this wording is very clear, you have proof of delivery to "Yusuf" not to my physical possession.

Apple got me to report that the parcel was signed for my someone fraudulently to the police - since there is little evidence the police said they will not investigate. Since then I've updated the crime report as a theft by the UKMail driver as three time failure to deliver to the correct address cannot be a mistake.

My credit card company is aware of the incident and waiting for me to send them some information to see if they can do a section 75 refund - however I'm concerned that they'll also say I've received the parcel as there's a signature.

I'm tempted to launch a small claims court action however Apple are registered in Ireland, is this possible? They do however have a GB VAT number, so do they have an address in England or Wales?
Surely in court the judgement will be made on the grounds of the Consumer Rights Act and settle in my favour? Can I claim any additional costs? I've spent approximately 10 hours on the phone to Apple trying to resolve this, I also missed work waiting for the delivery for three days - as a contractor I do not get paid.

The Apple agent in California would not confirm anything in writing, he would not give me the address for a small claims court action, he would not confirm the details behind their discussion not to issue a refund, he wouldn't even confirm the phone was still not activated - I think they know this is going to go legal and "computer says no" is their response - I could've had a more meaningful conversation with Siri.

Surely a bit of common sense on their part should prevail - I've had 6 iPhones (7 if you include Yusuf's iPhone), mac mini and a whole load of accessories. I had no problem going to a store to pick up a new phone on the basis of a refund for the one they had failed to deliver. I've spent 10 hours on the phone to try to resolve this. The phone has not been activated. So it's not like I'm trying to defraud them or even have any need to.

shaun_from_Africa

From doing a bit of Googling, this appears to be the business registered with the GB VAT number shown on the Apple website:
http://united-kingdom.trademetro.net/exporter-supplier-381544/APPLE-DISTRIBUTION-INTERNATIONAL.html?catid=0&user_siteid=381544&order=picture&way=0

http://apple-distribution-international.imexbb.com/

Provided that it is correct and the CEO shown is still current, a letter before action sent there might yield some sort of response.

Le_Kirk

I initiated (and won!) a small claims court action against Apple in Ireland over my daughter's Apple Mac which failed over a year but under two years after purchase. Since it had been supplied from Apple Ireland (Cork IIRC) there was a two year "guarantee" which Apple were refusing to honour. The process was remarkably simple, although it was so long ago it was all conducted by post, not on-line!

vikingaero

I ordered 2 iPhone 6's for The Vikingettes. Despatch was an appalling convoluted route from Shanghai to Japan to Korea to Kazahkstan to The Middle East to 2 airports in Europe to EMA and finally by air from EMA to STN!

After that one of the phones was stolen by the UPS driver - he/she did manage to deliver one of them! It's quite clear that all delivery drivers know what an iPhone box looks like as they have the name and address of Apples UK returns agent on them.

The Apple agent I spoke to regarding the theft was the most bored and disinterested person I have ever had the misfortune to call. And claims of receiving callbacks and emails within 48 hours were lies too.

feyaz

shaun_from_Africa wrote: »

From doing a bit of Googling, this appears to be the business registered with the GB VAT number shown on the Apple website:
http://united-kingdom.trademetro.net/exporter-supplier-381544/APPLE-DISTRIBUTION-INTERNATIONAL.html?catid=0&user_siteid=381544&order=picture&way=0

http://apple-distribution-international.imexbb.com/

Provided that it is correct and the CEO shown is still current, a letter before action sent there might yield some sort of response.

Good shout - this is only a few miles from me, I think I'll go there an speak to a human!

neilmcl

feyaz wrote: »

My credit card company is aware of the incident and waiting for me to send them some information to see if they can do a section 75 refund - however I'm concerned that they'll also say I've received the parcel as there's a signature

Don't wait just get on and do it.