Consumer return rights and next steps for wrong products delivered

mrus

I’ve tried to make this post as concise as possible, but it’s a long story and I’ve already pursued several options which I’ve included as to get the best advice.

I ordered an iPhone X from Argos Online. A phone arrived in the correct packaging but the wrong phone inside. The phone appears to be a very broken iPhone 6.

Argos wouldn’t allow me to return it over post and asked I take it into a store where after a conversation with their head office the manager also wouldn’t accept it (after saying I should return it via post!). I also took photos and sent them to customer service in an effort to get them to investigate.

I checked the IMEI and the serial number from the box that I received. The number on the apple website warranty checker says that the Apple 12 month warranty was about to run out and that the (upto 90 day) telephone support had already run out!

This I concluded was the proof Argos needed, that I did not receive the phone, as someone had already been using it for at least 3 months. I’m confident that the phone box that I received is the correct one though I don’t really know - but I would assume that they’d tell me if the serial number doesn’t match the one attached to my order number. It was in what looks like perfect condition, the plastic film though was loose, but sealed. All postage packaging seemed fine but I didn’t pay enough attention to know for sure.

After showing them this evidence, they still refused to allow me to return it or to investigate that matter any further.

I sent pre court letters with all the proof (including further IMEI lookups that also state the same) and confirmed with Apple that the phone’s warranty is about to run out.

One month later I received a formal reply from Argos legal stating that they are confident that the correct phone was delivered to me (that they have store room CCTV etc) and refusing to take action, making it clear that they think I’m in the wrong and refusing to properly acknowledge my evidence, saying only that the warranty date is approximate (I’m quite sure Apple know the exact date. And the fact that the telephone support had run out isn’t approximate).

I know most stores (surely all?) link order numbers to a Serial Number so surely all of this is easy enough, not to mention their prerogative, to check? If they really think I took the phone shouldn’t it be their job to investigate me after I’ve exercised my consumer rights and returned the phone that was sent to me (item not as described etc).

I’ve been advised that the small claims court might not hear my case for a return and refund due to the complexity of the issue.

At this point I understand that there should be a criminal investigation. I have kept all correspondence including screen shots of customer service chats and dates and times of telephone. My building also has cctv which I’m happy to ask my building manager for access to.

I want advice on how to proceed. What can I do and what are my legal rights? I know my consumer rights for returns but they say they don’t apply as I’m trying to return the “wrong” item.

Should I report this to Action Fraud? Should I find a solicitor? Should I go ahead with the small claims court? Should I contact a newspaper? Should I report the “phone” as stolen.

Additionally, I have asked Argos and the legal representative who has emailed me on their behalf multiple times to verify the serial number of the phone that I bought from them, they refuse to verify that the one that came on the box is the serial number of the phone that I should have received. They ignore the question every time. If it is the correct serial number then surely this is as easy as verifying with Apple when the phone was activated?

I know that £800 isn’t the biggest amount of money but right now it’s more than I can afford to lose because of someone else’s crime.

Good advice will be more than welcome.

DoaM

MCOL small claims is one route.

How did you pay? Credit card? if yes then raise a Section 75 claim with them. (The credit provider is jointly liable with the seller for the performance of the contract).

Did you check the IMEI/serial on the box with that of the phone itself?

Was there any evidence that the box had been tampered with prior to you receiving it?

mattyprice4004

Look at it from their point of view - it's a bit of a co-incidence that the box contains a very broken iPhone 6, a phone that a lot of people are disposing of to upgrade to an iPhone X.

Definitely looks fishy from an outsider's perspective!

unholyangel

All argos have is cctv of a box - unless they're alleging the cctv shows them packaging a iphone x, sealing it then sending it off to be delivered. So cctv of the box isn't at odds with anything the OP is claiming.

On the other hand, the OP seems to have proof the phone was registered in someone elses details long before they ever purchased it. Which is at odds with what argos are claiming.

OP, by pre-court letters do you mean a letter before action/letter before claim, titled as such & setting out the facts of your claim along with a reasonable deadline to respond by with the paraphrasing of you reserving the right to begin legal proceedings without further communication at the lapse of the deadline? Did you address & send it to the right place?

If section 75 is an option then do that. If not then you have the choice of starting legal action.....or not.

You could also maybe strengthen your evidence with a SAR request to your network provider - specifically asking them for how long your number has been in service & what IMEIs were used by the number (bonus points if they can provide when). Doesn't prove conclusively but it can all help prove a strong case collectively.

mrus

I understand that but actually I bought my last phone (iPhone 8) from them too. And regardless they are still obliged to conform with consumer law surely?

DoaM

Yes they are. But you have all that we can tell you ... unless you have some new information to offer then the posts above advise you of your rights and options.

You haven't answered my previous questions.

mrus

Thanks for your reply. I paid with the store credit card so that’s good to know. Yes the other phone is a completely different set of numbers, all expired warranties etc. I tried to get it to switch on but it’s completely broken i think.

The box looks fine. Brand new in fact. But the transparent outer packaging was loose and can still be easily reattached.

DoaM

Are there any serial numbers/codes on the box. If yes then presumably they don't match the phone?

mrus

@unholyangel Argos have said that they do not open boxes but weren’t clear on exactly what the CCTV shows. Just that it covers their packing and warehousing areas. II asked if they had perhaps had the phone returned but again they refused to answer or rather just ignored the question. My thinking being that someone bought it and returned it with the old phone inside and the contents weren’t checked?

Yes pre court letters meant pre action letters before small claims court. Their reply was about the cctv, and that warranty information and IMEO info is “only approximate” which I found extraordinary as I’m sure they can actually check this directly with the supplier. The phone was without a sim so I’m not sure the SAR request will help? Though can an IMEI number be used to check the phone number in use with it? Again presumably they could contact the holder of the phone if so?

Is there any way I could alert Apple to this because if Argos are saying that it didn’t happen their turf then surely they’re suggesting it’s either me, another customer (which would be their responsibility as far as I’m concerned as surely then there’s a case for negligence) or of course Apple.

Thanks for your help.

mrus

@doAm that’s correct. The serial numbers and IMEI’s don’t match. The serial number can also be used to check warranty - which now shows the 12 month warranty as ending on 17:06:2019 (I bought the phone in March).

mrus

DoaM wrote: »

Yes they are. But you have all that we can tell you ... unless you have some new information to offer then the posts above advise you of your rights and options.

You haven't answered my previous questions.

Apologies I was replying to mattyprice404. Still getting used to the forum. Didn’t realise the replies don’t branch.