Giffgaff - Phone ordered, chocolate delivered

Hi,

I hope someone can help me as I am currently very angry about GiffGaffs service and I am not sure what to do next.

Here is what has happened so far...

I ordered a phone from Giffgaff last week. The order arrived in a dark red bag. When I opened it I noticed that the bag contained two chocolate bars stuck together and no phone. I posted photos on my message to Giffgaff (there seems to be no way to call them) and told them what happened. I even noticed that the bag had been cut down the side and taped up. An obvious sign that someone had removed the phone after sealed.in bsg. They replied saying they will speak to the courier DPD but when they replied later they said they have sided with DPD as the packaging was not damaged and refused to issue me a refund.
I quoted the Consumer act but they said again they would not refund me.

I have lodged a complaint but this ill take up to 5 days to respond.

I did purchase phone with a credit card so I could go down section 75.

What do you think I should do?

It's so frustrating that I can't talk to Giffgaff and just rely on messaging. 

I am a victim of fraud and they don't seem to be listening or really care about my loss.

Sorry for my rant.

Please help.

Many thanks
James


Comments

  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The law is quite clear that risk doesn't pass to you until you receive the item and since you never received the item it should be Giff Gaff's problem. If they are refusing to refund you then I presume S75 would be the next step and then court action beyond that if needed. 
  • dippyuk
    dippyuk Posts: 6 Forumite
    Part of the Furniture First Post Combo Breaker
    Hi, just for anyone who stumbles on this at a later date, my complaint was processed and giffgaff have agreed to refund the money I spent on the phone :) 

    It took a couple of weeks and speaking to DPD to give them more details into what had happened.
    I am so glad this has been resolved.

    I think I will keep my Samsung S10 for a bit longer and try this again in a couple of months :)
  • user1977
    user1977 Posts: 17,292 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I hope you at least get to keep the chocolate.
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