Contract phone not delivered - what are my rights?

TheMiscGuy596

Hi MSE Forum

Hope you are all well!!

Got a weird one that I am hoping you can support with. Long winded and weird one.

On Wednesday this week I ordered an expensive phone. There was a short delay for delivery so it was not forecast to arrive until the 12th of April next week. This date was fine as I was working in the office this week but at home from the 8th.

On Thursday I had an email. It said that DPD have received my parcel and it is moving through the network or something like that. I thought "great" thinking the item may now arrive Monday.

At 8am Friday I got into work. For reference my job is half office based where for 50% of my time I am working outside my offices inspecting vehicles and such.

I glanced at my phone and saw DPD were delivering the parcel between 10.30 and 11.30. There was nothing I could do due to being at work so I thought with it being a phone it would either be re delivered or put through the letterbox. I was wrong.

Just to add, nobody was in. My brother lives a few miles down the road and my parents were both out at work.

At lunchtime as soon as I left the offices I checked my emails. It said "rate your delivery experience". I clicked on DPD and it shows they have delivered the item!

I clicked the tracking and saw several concerning things:
1. The item was delivered outside my house. There is no doubt of that.
2. However, who it was delivered to I do not know. All I could see was work attire suggesting they are construction of some sort. It was not delivered to someone who was at my front door. The person bears no resemblance to myself or any family as they are of a different build (quite a slim person)
3. The person that signed for the parcel was not the person named on the parcel. They signed random letters MKKK which doesnt bear any likeness to a name of someone present at my property. My surname is also nowhere near this.
4. My ring doorbell picked up nada. The doorbell shows motion directly at my door but due to the way my house is set out there are two brick supports by the front door which means that anything to the side of the door would not be picked up.
5. I did not nominate a safe place. No option to do so.
6. I did not have to provide a PIN for this.
7. The DPD driver was someone who I have never had. I usually have one of two drivers but this wasn't either of them.

I immediately called Carphone Warehouse and they opened an investigation into this with DPD. I also had an email sent to me to that effect.

Now my concern it, obviously in terms of DPD it is going to show they have delivered to someone outside my property so they could possibly argue they have met their obligations. However, the parcel was not handed to someone at the door. They did not knock my door otherwise the doorbell would have set off a motion alert.

There is work going on next door and over the road. My brother came back to the house and confirmed the phone hasn't arrived. My brother also asked the workers in the street. There was no one matching the appearance of the person videoed. Not around the property or on the porch roof or over the fence either.

I am just wondering what my rights are here? Obviously I am aware that I need to wait the X working days for DPD but I am highly concerned that they are not going to uphold this as it shows delivered to somewhere outside my address.

I understand with the Consumer Rights Act 2015 there is an onus on the retailer to deliver the item. However, I am unsure how it works for a contract phone.

In terms of this, if my claim is indeed unsuccessful, how do I proceed? Do I raise with my phone insurance provider or do I charge back/indemnify the direct debit monthly or is there something else I would need to do?

Any help is greatly appreciated.

Thanks all.

born_again

TheMiscGuy596 said:

Hi MSE Forum

Hope you are all well!!

Got a weird one that I am hoping you can support with. Long winded and weird one.

On Wednesday this week I ordered an expensive phone. There was a short delay for delivery so it was not forecast to arrive until the 12th of April next week. This date was fine as I was working in the office this week but at home from the 8th.

On Thursday I had an email. It said that DPD have received my parcel and it is moving through the network or something like that. I thought "great" thinking the item may now arrive Monday.

At 8am Friday I got into work. For reference my job is half office based where for 50% of my time I am working outside my offices inspecting vehicles and such.

I glanced at my phone and saw DPD were delivering the parcel between 10.30 and 11.30. There was nothing I could do due to being at work so I thought with it being a phone it would either be re delivered or put through the letterbox. I was wrong.

Just to add, nobody was in. My brother lives a few miles down the road and my parents were both out at work.

At lunchtime as soon as I left the offices I checked my emails. It said "rate your delivery experience". I clicked on DPD and it shows they have delivered the item!

I clicked the tracking and saw several concerning things:
1. The item was delivered outside my house. There is no doubt of that.
2. However, who it was delivered to I do not know. All I could see was work attire suggesting they are construction of some sort. It was not delivered to someone who was at my front door. The person bears no resemblance to myself or any family as they are of a different build (quite a slim person)
3. The person that signed for the parcel was not the person named on the parcel. They signed random letters MKKK which doesnt bear any likeness to a name of someone present at my property. My surname is also nowhere near this.
4. My ring doorbell picked up nada. The doorbell shows motion directly at my door but due to the way my house is set out there are two brick supports by the front door which means that anything to the side of the door would not be picked up.
5. I did not nominate a safe place. No option to do so.
6. I did not have to provide a PIN for this.
7. The DPD driver was someone who I have never had. I usually have one of two drivers but this wasn't either of them.

I immediately called Carphone Warehouse and they opened an investigation into this with DPD. I also had an email sent to me to that effect.

Now my concern it, obviously in terms of DPD it is going to show they have delivered to someone outside my property so they could possibly argue they have met their obligations. However, the parcel was not handed to someone at the door. They did not knock my door otherwise the doorbell would have set off a motion alert.

There is work going on next door and over the road. My brother came back to the house and confirmed the phone hasn't arrived. My brother also asked the workers in the street. There was no one matching the appearance of the person videoed. Not around the property or on the porch roof or over the fence either.

I am just wondering what my rights are here? Obviously I am aware that I need to wait the X working days for DPD but I am highly concerned that they are not going to uphold this as it shows delivered to somewhere outside my address.

I understand with the Consumer Rights Act 2015 there is an onus on the retailer to deliver the item. However, I am unsure how it works for a contract phone.

In terms of this, if my claim is indeed unsuccessful, how do I proceed? Do I raise with my phone insurance provider or do I charge back/indemnify the direct debit monthly or is there something else I would need to do?

Any help is greatly appreciated.

Thanks all.

DD has no claim for this situation.

km1500

carphone warehouse have to deliver a phone it to you which obviously they haven't done

annoying I know but it is probably best to wait for the results of investigation - well wait a reasonable time anyway!

your consumer rights are to have the phone you paid for even more so if you are paying by credit.

if carphone warehouse don't play ball you could try a chargeback for your deposit from the card you used.

the ultimate option of course is to go through the small claims procedure which sounds as though you would win

TheMiscGuy596

Would it work if they don't uphold to just cancel the DD and charge back the deposit as no contract applies?

TheMiscGuy596

km1500 said:

carphone warehouse have to deliver a phone it to you which obviously they haven't done

annoying I know but it is probably best to wait for the results of investigation - well wait a reasonable time anyway!

your consumer rights are to have the phone you paid for even more so if you are paying by credit.

if carphone warehouse don't play ball you could try a chargeback for your deposit from the card you used.

the ultimate option of course is to go through the small claims procedure which sounds as though you would win

Thanks for this. The last thing I want is this appearing as a missed payment on my credit file so if they don't sort it, is it best just to cancel and charge back everything? Then if it is reported on my credit file submit a dispute to show my evidence?

Grumpy_chap

Rather than the workers in the street, can you know on the neighbours doors and, very politely and not accusing, ask whether they had taken in a delivery on your behalf?
Most people, including builders and other trades people, are honest and will not have wanted to take a phone illegitimately.
It would be a long shot for a person to wait around in hi-viz near the house on the off-chance that a high-value parcel would be delivered and they can take it, while blending in with the neighbour's trades people.

TheMiscGuy596

Grumpy_chap said:

Rather than the workers in the street, can you know on the neighbours doors and, very politely and not accusing, ask whether they had taken in a delivery on your behalf?
Most people, including builders and other trades people, are honest and will not have wanted to take a phone illegitimately.
It would be a long shot for a person to wait around in hi-viz near the house on the off-chance that a high-value parcel would be delivered and they can take it, while blending in with the neighbour's trades people.

To clarify they are not in hi Viz. The person is in a hooded top which is plain but has plaster marks across it. I suspect that someone was crossing over to my neighbours and has been stood on my path who has taken delivery. The skin colour of the person does not match any of my neighbours either so I doubt they have taken delivery. 

Went to my neighbours for 5 doors each way and not received.

It could be anyone and it's more difficult as I have no face or anyone who has signed for it.

born_again

TheMiscGuy596 said:

Would it work if they don't uphold to just cancel the DD and charge back the deposit as no contract applies?

Which would leave this open to a rejected chargeback, as proof of delivery. Even if they did not contest, they will chase for the value of the phone. Possible court & CCJ
As well as unpaid markers on credit history for the cancelled  DD.

Sadly not good advice 🤷‍♀️

TheMiscGuy596

born_again said:

TheMiscGuy596 said:

Would it work if they don't uphold to just cancel the DD and charge back the deposit as no contract applies?

Which would leave this open to a rejected chargeback, as proof of delivery. Even if they did not contest, they will chase for the value of the phone. Possible court & CCJ
As well as unpaid markers on credit history for the cancelled  DD.

Sadly not good advice 🤷‍♀️

So what is your advice after the internal investigation is incomplete if this isn't good advice?

born_again

Wait till they come back with the outcome.

Rushing in before they have finished can lead to a world of pain. 

TheMiscGuy596

born_again said:

Wait till they come back with the outcome.

Rushing in before they have finished can lead to a world of pain. 

Thanks - Like I said i'm not planning to rush in with anything; just trying to prepare in case they turn around and say 'No'.

I have sent Carphone Warehouse some more evidence this afternoon; I have realised I have Google 'My Timeline' on my phone which evidences I was not home at the time of delivery. I have also sent a copy of my Ring Doorbell timeline so hopefully should go well.

Any advice should it no go well is most welcome!