Iphone 11 from Mobiles.co.uk went missing by dpd

Tirmizi

Hi
On black friday deals i bought an iphone 11 on mobiles.co.uk
They said they delivered it to reception.
I checked with reception he never got it.
Its been 10 days
I checked with dpd they said they opened signature dispute
Which will take 24, 48 hrs . I called after 3 days now it will take
5 days. And asked me to ask seller(mobiles.co.uk) to contact them they cant give me any update.
Whats the best course of action for me?
Thanks for help

headpin

It is the responsibility of the sender (mobiles.co.uk) to ensure that the product is delivered to you. You should raise the dispute with them. They should then liaise with DPD over what has happened. You should not be dealing with DPD.

Get in touch with mobiles.co.uk ASAP and say not received and what do they intend to do about it. They will try and wriggle, but legally it is their problem, not yours.

Only get out is if you have specifically authorised your receptionist to accept the goods on your behalf.

s.29 of the Consumer Rights Act specifically covers this:

“s. 29 passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—
(a)is commissioned by the consumer to deliver the goods, and
(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction‘

Tirmizi

Thanks headpin for ur reply
As im still in 14 days cancellation window
Shall i cancel it?
I dont know how long this signature dispute going to take?
Or shall i wait?

headpin

Tirmizi wrote: »

Thanks headpin for ur reply
As im still in 14 days cancellation window
Shall i cancel it?
I dont know how long this signature dispute going to take?
Or shall i wait?

Sorry, I am not a lawyer so would not be right to advise specifically. However, it is likely that as the item has gone missing they will allege that you have received it and will not allow you to cancel. Hopefully you will have paid by credit card and can use a s. 75 charge back under the Consumer Credit Act if it turns nasty?

Suggest you give mobiles.co.uk a reasonable time to resolve and then ask for refund if still nothing sorted. If refund then not forthcoming s.75 is your friend.

Good luck.

Tirmizi

I paid through debit card can i ask my bank to not authorise any payments to mobiles.co.uk?

mobilejunkie

Tirmizi wrote: »

I paid through debit card can i ask my bank to not authorise any payments to mobiles.co.uk?

If it's contract and not just a phone, the contract needs to be cancelled or you'll be left with debt collectors chasing you and a wrecked credit file for the next six years if you do that.

I did not think Mobiles.co would deliver to a business address - or even an address not that of the contractee. In any case, the advice previously given was correct; Mobiles.co paid DPD and therefore nothing to do with you. It's up to Mobiles.co to establish what happened - though IF they can prove it was delivered you will have a problem. If not, they will.

CPW usually respects legal action should it come to it; then the onus of proof of delivery will be on them.

Tirmizi

Yes it is a phone plus sim monthly contract(24 months vodafone)
Do i need to call vodafone and cancel it?

mobilejunkie

Tirmizi wrote: »

Yes it is a phone plus sim monthly contract(24 months vodafone)
Do i need to call vodafone and cancel it?

You should do it through Mobiles.co - but then double-check it's been done with Vodafone. That would cancel the monthly airtime contract - but won't stop Mobiles.co chasing for the value of the phone and they may refuse to cancel it if the phone hasn't been returned (check the t&c on the website, which is what determines your legal position).

sal_III

Why do you want to cancel it? Just contact Mobiles.co.uk and ask them to send a new phone as you never received it.

Tell them that the phone was never delivered and DPD have made an investigation and can't find it. So Mobiles.co.uk can seek compensation from DPD etc.

Tirmizi

Yes thats what i am thinking
I am paying 22£ for sim only contract to 02
New one is 33£ with vodafone more data
I can cancel o2 keep the contract
If i get a new phone or not i still have to pay for the contract for the next 24 montha

Tirmizi

So I escalated the matter with mobiles.co.uk
Sent email to their ceo dan luik got a decent reply but now they are saying dpd has closed the matter in their favour? And now its a civil matter contact police and we cant help?