Unwanted item?

Judyeb

My husband ordered a new iPhone over a year ago. He decided he didn't want it (it's so long ago I can't remember the exact reason!). He cancelled the contract and asked BT to send a returns package. They didn't send one, so he contacted them 3 more times, with no response. We still have the iPhone - can we keep it, or do we have to ask BT again to collect it?

Fosterdog

Is their cancellation and returns process for them to provide the packaging and label or is it for him to send it back? Under CCRs (providing he was given certain information with the order) he would have 14 days to inform them of his intention to cancel and a further 14 days from cancellation to send the item back to them. If he didn't follow the correct process he owes them for the phone and they have six years to chase him for it.

Judyeb

Thanks for that. My husband called and emailed them several times, to cancel the contract within the 14 days, and was told 3 times that they would send the return packaging ( which was their responsibility), but they did not do this.

DoaM

Have you confirmed that the contract was actually cancelled?

SouthUKMan

I would write a letter sent recorded delivery stating something like:

As your records will show, on X (date) I purchased an iPhone X (state model) from you. As per my right under the Consumer Contracts regulations I cancelled the order within 14 days.

Despite making contact with you four times on X (list all dates and method of contact used each time, such as phone / email / letter / store visit, etc) and reassurances on each occasion that you would send return packaging, you repeatedly failed to do so.

I am now fed up with storing the phone on your behalf, and I am writing to give you notice that unless I receive written assurance from you that you will arrange collection of the phone within 14 days of receipt of this letter then I will dispose of the phone and that you will relinquish any claim to it or subsequent right for financial compensation.

Given my repeated efforts to encourage you to collect the phone and your failure to do so, I feel that this is a reasonable course of action in order to allow me to draw a line under this matter.

Yours, etc

That is a rough letter. It's not entirely legally sound, but should BT every try and make a claim in future and it ends up in the small claims court, at least you will be able to demonstrate your efforts to contact BT and that you gave them a very reasonable time frame to collect the phone.

Geoff1963

Do BT still have physical shops ?

George_Michael

SouthUKMan wrote: »

I would write a letter sent recorded delivery stating something like:

As your records will show, on X (date) I purchased an iPhone X (state model) from you. As per my right under the Consumer Contracts regulations I cancelled the order within 14 days.

Despite making contact with you four times on X (list all dates and method of contact used each time, such as phone / email / letter / store visit, etc) and reassurances on each occasion that you would send return packaging, you repeatedly failed to do so.

I am now fed up with storing the phone on your behalf, and I am writing to give you notice that unless I receive written assurance from you that you will arrange collection of the phone within 14 days of receipt of this letter then I will dispose of the phone and that you will relinquish any claim to it or subsequent right for financial compensation.

SouthUKMan wrote: »

That is a rough letter. It's not entirely legally sound,

"Not entirely legally sound"? it's not even vaguely legally sound.

A consumer can write as many letters as they wish stating something along the lines as quoted above but these letters have no legal standing and do not allow the holder of the goods to dispose of the goods and keep hold of the funds obtained.
Irrespective of writing such a letter, unless the legal owner of those goods agrees, those goods or any money obtained from their sale belongs to the owner and they have up to 6 years to attempt to reclaim the goods or monetary value if they have been disposed of.
Even if sold, they must be sold for a fair market value and not simply sold for "mates rates" to someone down the local pub.

[Deleted User]

SouthUKMan wrote: »

It's not entirely legally sound

Please don't post such unsound "advice" on the forum, it's very unfair to those who might be persuaded to follow it.

Geoff1963

The Defence of Tender Before Claim, is the way to win a civil case against someone who won't take money you owe. You pay the money into a court, get a receipt, and tell the other party how to collect it ; if they make a claim against you, you win.
The OP seems to be stuck that it is instead an item. If only a police station or court would accept it, the OP could take their receipt as a "not go to jail in the first place" card ; while BT makes arrangements to collect it. It does seem unfair that the OP is left holding the "white elephant", and after 6 years it will be near worthless.

Judyeb

Thanks very much for that - just the advice we needed.
The contract was definitely cancelled, and my husband kept all the emails and recorded the calls, so we have all the evidence that it is BT who are dragging their heels...

Judyeb

I've now read the emails following the letter advice. So I suppose its back to letting BT know that we STILL have their phone!