Returned Item Stolen in Transit

cbellnet

Hi everyone,
I am having a lot of difficulty dealing with the Carphone Warehouse and would like some advice or guidance please with regards to my consumer rights and protections.
10 days ago I ordered a new Phone and new Vodafone monthly contract via CPW. The deal came with a free set of Apple Airpods
Order was delivered next morning within 14hrs. I had since found a better deal with my existing provider O2 so decided to cancel the order as soon as it arrived.
Customer services provided me with a DPD return label and advised that I drop off at a DPD drop off point. I did this the same day and thought nothing more of it.
However, 4 days after returning I received a notification that I would receive another CPW package from DPD.
I called CPW to confirm what this was and was told that it was my original parcel being sent back to me as the phone was not in the parcel that I had returned, only the Airpods. I had no email or call notifying me of this in advance.
I then had a very frustrating web chat with customer services who advised that I needed to investigate with DPD directly since I sent the order.
I spoke with DPD who confirmed this is categorically not the case since CPW are the account holder who booked the return and who have the delivery protections and insurances in place in the event of loss or theft.
I finally spoke to another CPW customer rep on the phone who understood the situation and it seems the correct course of action. I sent pictures of the parcel, complete with obvious and visible tear in the package from where the contents had been stolen.....and the package had been resealed with DPD packaging tape.
Customer rep said she would raise the investigation with DPD and come back to me.
I called for an update a few days later and was told I cannot be put through to the same rep directly since they do not have direct lines. I spoke to 2 new separate CPW reps. However, both new reps told me that they could not investigate and that I would need to speak to DPD directly. 
They also claimed that it is my issue to resolve because they could not prove that I put the phone in the return parcel.

As it is, the Vodafone cancellation period ends in 3 days and my direct debits due to start.
I am left with Airpods I do not want, a £79 upfront fee that’s not been refunded, pending direct debits from Vodafone, and a missing £850 phone that CPW suggest is my responsibility.

Any advice on my rights/protections would be appreciated.
Thks

unholyangel

I imagine if someone was going to steal one, they'd steal both. More likely the packaging has been damaged and item has fallen out. Different if it was an empty box, someone would have had to open it, take out the phone and put the box back. But from what you've said, it sounds like the phone & phone box weren't there. 

You might want to check CPW's Terms & Conditions though. Last time I checked, they weren't the contracting party - they're just an agent. The contracting party is the network provider (vodafone in this case). If they are still just acting as an agent for vodafone, then contact vodafone. 

Few points to note. 
1)A claim the item has been lost in transit due to damages packaging is one of civil law. The burden of proof in civil law is "on the balance of probability". A claim you are trying to commit fraud/theft would be one of criminal law. The burden of proof in criminal law is "beyond all reasonable doubt". It is far easier to satisfy a civil burden than a criminal one. They're barking up the wrong tree if they think they can just say "yeah but you could have kept it" to dismiss any claim. 
2) While there's nothing proving beyond reasonable doubt that you returned the phone, on the balance of probability....you "probably" did, although this is based on a few assumptions by me. Namely, DPD drop off points are normally third party stores. Had the parcel been ripped there, it's unlikely to have been patched up with DPD tape.Presumably you can also prove you ordered and registered the same phone from another supplier. 

If you want to go down the rabbit hole, I suppose you could ask apple if they can confirm in writing a SAR request of all IMEIs that have ever been linked to your account. Again, doesn't prove conclusively that you didn't perhaps link it to a new/different account or sell it, but it would lend further credibility to your version of events. 

cbellnet

@unholyangel thank you for you advice here.
We are certain the contents were stolen in this case.  It was very securely packaged with duck tape with no way it would have split or just ripped open.  When the parcel has been returned to me you can see from the inside that my own tape has been cut open, the expensive phone removed and the accessories left in.  There is of course no way of saying if this happened at the DPD drop off point, in transit with DPD themselves or less likely when it got to CPW.
From my understanding and reading of the DPD terms as well as the terms of CPW, since CPW are the consignor and payor of the shipping, it is only them who can make a claim for loss or damage.  I am hoping the CPW terms and DPD terms of business and claims come to the rescue here.  It makes no sense to me that there would be no consumer protection when the item shipping was arranged and paid for by the retailer.
You are right in that CPW are acting as agent for Vodafone but in this case it is CPW who ship and distribute the goods so I believe it is them I have to deal with.
My first direct debit for Vodafone came out today, which I chose not to block at this stage.  I will see how this plays out over the coming days.  
Thanks again.