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

Tirmizi

So i nutshell i never got it its either my conceirge lost it or delivery guy never delivered it in both cases i never got it then why should i pay for it?

headpin

Just cancel the contract. Get confirmation from Vodafone that this has happened.

Contact your bank and ask for a chargeback for whatever you paid Mobiles.

Advise mobiles, in writing what you are doing and why. Remind them that under the:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

That It states in s.43:-

“Passing of risk
43.—(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.”

So, unless you specifically authorised your Concierge to accept the goods on your behalf and you specifically advised Mobiles.co of this arrangement then the risk remains with Mobiles.co. They know this and it is their legal responsibility to sort this matter out, not yours, assuming that you have not authorised the receipt by A N Other.

Do not take their bully boy antics. If they still refuse go for the chargeback and ask Mobiles.co to provide the evidence that they were authorised by you to pass the goods to the Concierge. And make sure that you advise Mobiles.co and Vodafone that you are cancelling and why. Keep everything in writing and keep copies. But act quickly so that the contract does not cause you issues.

Tirmizi

This email i got from mobiles

I’ve checked the status of the investigation with DPD and they have concluded that the parcel was delivered at your billing address. At this stage this would be a civil matter and you’ll need to report this theft to the police in order to obtain a crime reference number. Once you have obtained this you’ll need to provide this to O2 network in an attempt to get the contract cancelled without any early termination fee.

Tirmizi

Then i asked them this
Hi

Can you please explain what this means for me ?
I have lodged a police complaint.
I will call Vodafone to cancel the contract.
What about the phone ? will i still have to pay for it ? even thought i never got it?

And they replied this

DPD have completed the investigation and advised us that they are happy delivery took place successfully, we will not issue another phone nor cancel the contract. Therefore, you will continue to be billed by Direct Debit.

sal_III

Tirmizi wrote: »

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?

Tirmizi wrote: »

So i nutshell i never got it its either my conceirge lost it or delivery guy never delivered it in both cases i never got it then why should i pay for it?

I suspect that DPD have sufficient evidence that they delivered to the concierge. If it's anything like our concierge they will have the name of the person on their records.

Ask DPD to show you the proof of delivery and the name of the person who received the parcel, then go to your concierge/building manager and confront them with that evidence.

Tirmizi

After following @headpin advice I threatened them with court etc this is i got today

After reading your account notes I can see you mentioned in previous emails that the building does have CCTV however this is inside the building. Are you able to provide this to us showing between the times of 08:00 am – 14:00 pm on the 25th November 2019? Is the CCTV camera pointing towards the entrance? Are you able to see if DPD were ever at the premises? I can see you didn’t contact us until 10 days after the delivery had taken place. Please can you confirm why there was a delay when you would have received your hour time slot to your email and via text message and confirmation of the delivery?


If you’re not able to provide further evidence we’d be unable to look into this further for you and you would have to look into getting the contract cancelled with Vodafone directly.


As far as any consumer rights; the parcel was successfully delivered to your nominated address, a signature was obtained from the concierge and DPD have confirmed by GPS that the driver was outside the premises. We have fulfilled our obligation as a business to deliver the goods so wouldn’t be able to assist further unless further evidence is provided to us.

Tirmizi

Last paragraph so wrong they were supposed to deliver at flat 2 rather they are claiming they deliver at flat 8 conceirge to dave which i never authorised anyone they have no proof so how do they fullfilled their obligation? Full of crap

Takmon

Tirmizi wrote: »

After reading your account notes I can see you mentioned in previous emails that the building does have CCTV however this is inside the building. Are you able to provide this to us showing between the times of 08:00 am – 14:00 pm on the 25th November 2019? Is the CCTV camera pointing towards the entrance? Are you able to see if DPD were ever at the premises? I can see you didn’t contact us until 10 days after the delivery had taken place. Please can you confirm why there was a delay when you would have received your hour time slot to your email and via text message and confirmation of the delivery?

That is a good point, why did you wait 10 days after you got notification of delivery to actually contact them?.

Also if you have told them you have CCTV then what does it show at the time the parcel was delivered?

sal_III

Your decision to wait for 10 days after delivery notification to raise the issue, combined with the evidence by DPD makes it very difficult for Mobiles.co.uk to get on your side.

Did you have a concierge named Dave? Or a neighbour at Flat 8 named Dave?

derky

In a way you are lucky!. I ordered two iphone 11's and a simm on EE.
They took the £333.98 and didn't deliver. When I rang they said the 'computer' rejected my application. They couldn't say why this was nor could they email me or text me to say my application was rejected and when my refund would be paid. So other than the money out of the account I have nothing in writing that the event actually happened.
These were going to be xmas presents