Lost Phone complicated situation

Londoner1982

Recently, I purchased an iPhone from Cash Converters online, it was locked to EE.


I attempted to get it unlocked on Ebay, but was told they couldn't do it and I have a Vodafone pay monthly sim so I couldn't change network, so I had two options, return it under the 14 day return policy with Cash Converters or sell it.


I sent it to Music Magpie to sell, only to be informed that it was lost or stolen, I contacted CheckMend who confirmed that it isn't lost/stolen but it is under AssetWatch, meaning it was purchased from EE and is under 6 months old, so technically EE still own the phone. CheckMend sent me an email to send to Music Magpie informing them to send the phone back to me as Music Magpie stated they would dispose of the phone within 14 days.


I informed Cash Converters of this, they apologised and stated that when Music Magpie sent it back to me, I can send it back to them for a full refund.


However, this is the important bit, Music Magpie sent it back to me on Wednesday via Royal Mail Tracked 48 hour delivery, I received a delivery notification on Friday morning that it had been delivered. but no-one knocked here or attempted to deliver, there's no signature so it seems it is tracking only, but the phone has gone somewhere else.


Music Magpie put the correct name and postcode, but they only put the street name and not the house number, so Royal Mail have delivered it to someone else, why would Royal Mail even attempt to deliver an item that they aren't sure as to where it was going? And the postman would have had to have picked a random house to deliver it to, why didn't Royal Mail hold it until they could confirm the actual address?


Music Magpie have apparently logged it with Royal Mail for an investigation, however, if I don't receive the phone back, I expect Music Magpie to pay me fully for the phone, I take it that I can start a small claims action against them if they don't refund me?


Thank you for your time and I hope for some answers to assist me in this matter.

theonlywayisup

Have you been to your local delivery office?

The_Rainmaker

Why didn't you just return the phone to cash converters?

You don't have much luck with phones do you?!!

custardy

Big giant needless post.
Contact your local delivery office before writing massive forum posts.

born_again

Londoner1982 wrote: »

Recently, I purchased an iPhone from Cash Converters online, it was locked to EE.


I attempted to get it unlocked on Ebay, but was told they couldn't do it

Why bother with Ebay..

Just ring EE as per the instructions on their website...:T

Londoner1982

I don't think a big post is a problem when Royal Mail have lost a parcel and it seems that someone has committed theft!

Londoner1982

Custardy made me laugh, that's one of the first things I did, Royal Mail don't know where it's gone, Music Magpie have opened an investigation with Royal Mail, but it looks like someone else is in possession of the phone now, which is theft, if I need to make a police report then I will do so.

Londoner1982

born_again wrote: »

Why bother with Ebay..

Just ring EE as per the instructions on their website...:T

That's funny with the saracstic smiley.


EE were not able to unlock the phone, due to it being under 6 months old, someone took out a contract with EE for this phone, therefore under EE's contracts and terms, they own the phone for the first six months and the phone cannot be unlocked, I was informed by EE that it cannot be unlocked until February.

Londoner1982

After seeking legal advice today also, I've been informed to send Music Magpie a letter before action, providing them with 7 days to pay me the value of the phone before a County Court claim is filed.


Music Magpie's contract is with Royal Mail, I've been told to go forward with my end, obviously if the phone turns up then I can bring that action to a halt.


Music Magpie have told me that Royal Mail have another 7 days to do their investigation but as it's not been delivered here, and there's also no signature as it's a tracked delivery only, it seems someone else has got the phone, although they won't be able to use it. However, it doesn't look like it's coming back to me, which means Music Magpie are liable, given that they failed to put the house number on the parcel and just put the street name.

Aylesbury_Duck

Tell you what, instead of getting snarky with people who have replied, tell us what you want to hear. That way, you'll be happy.

Londoner1982

Actually I put up a post asking for advice and apart from 1 reply, the rest were narky or having a pop or stating that I don't need to post a massive post etc etc.

The post was jumped on straight away with some comments which were out of line.