DPD delivered two iPhone 13 to the wrong address - phones are not there

Manxman_in_exile

Doesn't the seller have to deliver the goods "without undue delay" and within 30 days of the contract being entered into?  (s28 Consumer Rights Act 2015   Consumer Rights Act 2015 (legislation.gov.uk) )

Or have I got that wrong?

@DGDG -  have you paid by Direct Debit or did you mean to say you had paid by debit card?  (Just that DD seems a slightly unusual way to pay for this sort of transaction?)

lisyloo

Is DD an unusual way to pay for a phone contract?
it sounds like these are contract mobile phones that are paid for monthly.

thanks for the link

Manxman_in_exile

post-christmas brain fog...    

born_again

lisyloo said:

Has any payment been taken yet?
when it is going to taken?
you can cancel a direct debit with your bank but on some e.g. Nat west it doesn’t appear until the day.

you have rights under the direct debit guarantee, but you may have to act on a specific day

Personally I would cancel the DD if they are not staying in touch.
that’s not advice, just saying what I would do. It would be quite unreasonable to expect someone to pay IMO for goods not delivered.

Which do not cover non receipt of goods. If the OP does that they risk a charge by retailer for a failed DD.

Given the Op has not stated when this happened. Where has the retailer not been staying in touch? It is holiday period & many companies are not running at full staff levels, so things take longer than normal.

This is also a phone contract by the sounds of it. So even though the phone may not have been received. The service will be provided.

lisyloo

I did not say they had not been in touch, I said “if”. 

I have also said (twice) it’s holidays, pandemic and third party.

lisyloo

born_again said:

Which do not cover non receipt of goods. If the OP does that they risk a charge by retailer for a failed DD.

This is also a phone contract by the sounds of it. So even though the phone may not have been received. The service will be provided.

Re: non receipt of goods.
so are u saying that if DD is the payment method an the contracted party does not fulfil their end of the bargain you have to pay and make recovery through the civil courts?

can you use the dd guarantee retrospectively after the 30 days?

how is a service provided without essential equipment?
or you mean the delivery will be fixed? (It probably will but not sure how you can guarantee itj).

Ectophile

The direct debit guarantee only covers incorrect payments.  So the right sum of money, taken on the right day wouldn't be covered.

born_again

lisyloo said:

born_again said:

Which do not cover non receipt of goods. If the OP does that they risk a charge by retailer for a failed DD.

This is also a phone contract by the sounds of it. So even though the phone may not have been received. The service will be provided.

Re: non receipt of goods.
so are u saying that if DD is the payment method an the contracted party does not fulfil their end of the bargain you have to pay and make recovery through the civil courts?

can you use the dd guarantee retrospectively after the 30 days?

how is a service provided without essential equipment?
or you mean the delivery will be fixed? (It probably will but not sure how you can guarantee itj).

Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society
• If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

It has NO time limit.

But non receipt of goods or service are not covered. 👍

It is up to the company to get the OP a phone. As they have the contract with the courier. So maybe a option would be to get it delivered to a secure location for the OP to pick up, rather than OP's address which seems to have issues.

smashinglynaive

lisyloo said:

born_again said:

Which do not cover non receipt of goods. If the OP does that they risk a charge by retailer for a failed DD.

This is also a phone contract by the sounds of it. So even though the phone may not have been received. The service will be provided.

Re: non receipt of goods.
so are u saying that if DD is the payment method an the contracted party does not fulfil their end of the bargain you have to pay and make recovery through the civil courts?

can you use the dd guarantee retrospectively after the 30 days?

how is a service provided without essential equipment?
or you mean the delivery will be fixed? (It probably will but not sure how you can guarantee itj).

How are SIM-only plans provided then?  What about landlines?  I don't recall ever being offered a phone alongside my landline service.  In times gone by it was quite commonplace (in fact pretty much a guarantee) that internet services did not come with the equipment to connect to the service.  Does my gas provider not actually provide me with a service if I don't have any gas-using equipment in the house? It's not unusual for a service to be provided without the equipment to use it with and I don't think it's a particularly valid argument that no equipment = no service.

lisyloo

smashinglynaive said:

lisyloo said:

born_again said:

Which do not cover non receipt of goods. If the OP does that they risk a charge by retailer for a failed DD.

This is also a phone contract by the sounds of it. So even though the phone may not have been received. The service will be provided.

Re: non receipt of goods.
so are u saying that if DD is the payment method an the contracted party does not fulfil their end of the bargain you have to pay and make recovery through the civil courts?

can you use the dd guarantee retrospectively after the 30 days?

how is a service provided without essential equipment?
or you mean the delivery will be fixed? (It probably will but not sure how you can guarantee itj).

How are SIM-only plans provided then?  What about landlines?  I don't recall ever being offered a phone alongside my landline service.  In times gone by it was quite commonplace (in fact pretty much a guarantee) that internet services did not come with the equipment to connect to the service.  Does my gas provider not actually provide me with a service if I don't have any gas-using equipment in the house? It's not unusual for a service to be provided without the equipment to use it with and I don't think it's a particularly valid argument that no equipment = no service.

Very clever to talk about lots of other scenarios.

Very clever point scoring to talk about lots of other scenarios that are completely irrelevant.
how does it apply to this particular case?
People pay over a contract period for the latest phones.
if they werent bothered about having a fancy phone they’d pay £6 per month for giffgaff.
dont see how you can’t say it isn’t of the “essence” of this particular contract however many other irrelevant scenarios you point out.

would you be willing to pay for 2 expensive iPhones you didn’t get? Really?

thanks to the other posters for the helpful DD information.
of course I can look it up but thought it would be useful here for everyone.