Failed mobile phone replacement, can I get my money back?

dcarr1

Hi

I've tried to be as clear as possible here, so apologies for the length.

I recently (20/11/21) purchased a refurbished mobile phone from the website, backmarket.co.uk. I payed £271.99 in total by credit card for this.

The handset that arrived had issues connecting to the phone network. I contacted the seller, and they promptly agreed to replace it. After sending it back, I was given a tracking ID for Royal Mail, and told my replacement was on it's way by Special Delivery. after 2 days, I checked the tracking page to find that it had been delivered and signed for by someone in Northampton. I live in Inverclyde, Scotland, so it seemed strange for it to be delivered so far away.

When I contacted the seller about this, they told me I would have to report this as identity theft and open a case with the police for them to investigate. I also need to sign a form declaring that I've opened the fraud investigation case.
The Royal Mail tracker doesn't provide the postal address or contents of the parcel. All I've been given is a tracking ID that says someone signed for something, so I'm not sure I feel comfortable reporting this person for identity theft.

After some back and forth over email, I decided to try anyway just to get it over with. BackMarket gave me a process to follow, but it didn't seem to work and they weren't able to help me with it. They've now asked me to sign the form anyway, declaring that I've opened the case, and email it back to them along with my ID so that they seller can open an investigation. I'm not comfortable sending them my ID, or signing a document to say I've done something I haven't.

I'm very suspicious of this. Does this seem unusual?

I feel if this was a wrong delivery, it would have went to someone in my postcode area, not a different country.
My own suspicion is that the seller has made a genuine mistake and posted it to the wrong address. 

A few other points:

* The seller called me from a number in France (+33) which was marked as Suspected Spam. I'm not sure if this is a red flag, but it was the first thing that made me stop and think.

* The seller and the website I purchased the phone from seem to be 2 separate companies

* I made the payment to BackMarket - the website. Not the seller, who actually sent me the phone.

* I have not sent them my ID

Is there a way I can just get my money back and leave them to it?
Do I have a responsibility to open an investigation?
Should I make a chargeback claim from my credit card provider?

I gave them money and they failed to give me a phone. I just want my money back so I can buy another one, this was a Christmas gift

Ergates

How could the parcel that the seller sent ending up in Northampton be a result of identity theft?  That makes zero sense.  It suggests they just put the wrong address on it, or gave you the wrong tracking ID.

You should absolutely *not* sign a form declaring you've done something you haven't.  I wouldn't advise sending them your ID either.

Send an email or letter to the company (not the dude in France) saying that you've not had a working phone from them and you want your money back. 

If, at time of purchase, a specific delivery date isn't given then they have up to 30 days to get the goods to you.   However, I don't know how this related to them getting a replacement to you (do they get another 30 days?).  That they seemingly sent a phone to some random person down south isn't really your problem - you're still just waiting for the replacement handset.

molerat

One problem you may have is that Backmarket is a marketplace where you are paying the seller through a third party so that may limit your credit card protection.

dcarr1

Hey, thanks

 Ergates said:

That they seemingly sent a phone to some random person down south isn't really your problem - you're still just waiting for the replacement handset.

This is my outlook too.

Sadly it is the company, not the seller, that I am dealing with now. I have asked them straight out to just refund my money, but they said this is the process I need to follow.

My fear just now is that because I originally accepted a replacement over a refund, they may claim the phone belonged to me when it went missing. I'm worried if I open a claim/investigation, then I'm acknowledging this.

I personally think I should get a refund and they should be opening any claims/investigations themselves, internally.
The company doesn't seem to agree though, so I don't know what to do now.

Manxman_in_exile

The OP mentioned chargeback.  Does that still work through a third party payee?

molerat

Manxman_in_exile said:

The OP mentioned chargeback.  Does that still work through a third party payee?

Yes, but a chargeback can be challenged by the retailer and, as has been posted here before, the retailer could take recovery action.

Jumblebumble

dcarr1 said:

Hey, thanks

 Ergates said:

That they seemingly sent a phone to some random person down south isn't really your problem - you're still just waiting for the replacement handset.

This is my outlook too.

Sadly it is the company, not the seller, that I am dealing with now. I have asked them straight out to just refund my money, but they said this is the process I need to follow.

My fear just now is that because I originally accepted a replacement over a refund, they may claim the phone belonged to me when it went missing. I'm worried if I open a claim/investigation, then I'm acknowledging this.

I personally think I should get a refund and they should be opening any claims/investigations themselves, internally.
The company doesn't seem to agree though, so I don't know what to do now.

Good luck
Backmarket resell for  companies who send invoices that do not identify the actual phone that is sent out and when you ask them the company pretends they cannot find the IMEI or Serial number and think I am so stupid that I believe that.
I am involved with a complaint with Backmarket about one of their resellers 
I will update this thread when I have further details