Expensive phone discarded by Amazon Returns

sheramber

tehone said:

There are a number of issues here, so let's see what might be practical
1)  First confirm that Amazon are still willing take back the product they sold you, and issue you with a full refund (and what they require you to still send to them). Because this is where your story starts to get trickier to completely be on board with - they will have wanted, the box, charger, headphones, sim tool, the S-Pen, phone etc. You presumably no longer have these having returned them with the "wrong" phone - so make sure just the phone on its own it still sufficient.
2) Re-examine how this mistake happened, for you to have not noticed a difference between them when sending back, would imply that the "old but 5G" version still had the protective film on it, wasn't in some kind of  case, never had the home/lock screen customised at all. It presumably still has the sim card in it etc. I'm not sure if Find Your Device after all this time will still tell you where your phone was 2 months, but it might be worth checking that.
3) Taking at face value that this error still happened, I do find it surprising in checking to see what had been returned, that they didn't realise what had been returned was in fact a used product with data on it, and at the very least put it to one side to be dealt with - but having said that even a £1000 product means nothing to Amazon! It is worth pursuing this angle a little more, asking for a return of your phone within X days, and then working with what that reply is as a part of a thought out trail to perhaps legal action
4) Do you have any household insurance that covers loss of the phone, if so pursue that avenue
5) Presumably you have cancelled the sim card, if not do that

It was my husbands' phone he got as a gift but hasn't got around to open it so it was brand new.
 Amazon haven't said what  discarded means- doesn't mean it was destroyed. Someone may have a nice new phone.

dinglebert

ramthor said:

Thank you for your answers.
It was my husbands' phone he got as a gift but hasn't got around to open it so it was brand new.

I am a bit confused.  In your first post you stated that

I checked the phone over and compared it with my husband's phone. They were identical

Now you are saying that your husband had never actually opened the phone and it was brand new.

The two don't go together.

Aylesbury_Duck

dinglebert said:

ramthor said:

Thank you for your answers.
It was my husbands' phone he got as a gift but hasn't got around to open it so it was brand new.

I am a bit confused.  In your first post you stated that

I checked the phone over and compared it with my husband's phone. They were identical

Now you are saying that your husband had never actually opened the phone and it was brand new.

The two don't go together.

I inferred that OP's husband's phone is still new, unused, boxed and perhaps even sealed.  And that OP "checked the phone over" by comparing the details on the box?  That would fit the story and might explain how Amazon didn't spot it was an obviously used item.

I must admit that I am always suspicious when tales like this appear on the forum, though.  These somewhat implausible mistakes always seem to involve expensive tech products and never something like a jumper or shoes!

Spank

I took it as one box had a 5G marking on it, the other didn't

ramthor

dinglebert
He hasn't open it. I have when I got mine.
What I meant was the phone was not used, still in its box with all the accessories. I thought that qualifies as "brand new".

nyermen

Weren't amazon therefore an involuntary bailee?
Proving what they received and "discarded" may be more difficult though.  Suspect "discarded" = someone in returns department has a shiny new phone.

waamo

nyermen said:

Weren't amazon therefore an involuntary bailee?
Proving what they received and "discarded" may be more difficult though.  Suspect "discarded" = someone in returns department has a shiny new phone.

It sounds like they've admitted discarding it. The earlier advice is good. You can sue, you will probably win, but there are consequences with your account.

missile

Aylesbury_Duck said:

I must admit that I am always suspicious when tales like this appear on the forum, though.  These somewhat implausible mistakes always seem to involve expensive tech products and never something like a jumper or shoes!

A neighbour claimed for washing stolen off her line. I do believe that happened.
She said there were three expensive Pringle golf jumpers. I found that a bit strange :-( 

Capyboppy

Did you make a note of the serial number of your husband’s phone? I’m wondering if amazon has to keep a record of all serial numbers and it can be unlinked to Your own order. 

Aylesbury_Duck

missile said:

Aylesbury_Duck said:

I must admit that I am always suspicious when tales like this appear on the forum, though.  These somewhat implausible mistakes always seem to involve expensive tech products and never something like a jumper or shoes!

A neighbour claimed for washing stolen off her line. I do believe that happened.
She said there were three expensive Pringle golf jumpers. I found that a bit strange :-( 

Was there a hole in one?