Contract phone not delivered - what are my rights?

TheMiscGuy596

Apologies for 2nd post - just had a thought, as ID Mobile (who the contract phone is through) and Carphone Warehouse are the same company, if this is not resolved is it worth doing the complaints process? Would I have a right to contact the Communication Ombudsman? Says so on their website:
https://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1f0bb8a0-926c-11e0-4223-f20203001e3d} 

Okell

Before thinking of how to escalate it just quote s 29(2) of the Consumer Rights Act 2015 (legislation.gov.uk) to Car phone warehouse:

"(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a) the consumer, or

(b) a person identified by the consumer to take possession of the goods."

Unless DPD have evidence of the 'phone being delivered into either your physical possession or that of someone you'fe identified (and you're saying that such evidence can't exist) it's difficult to see how CPW can prove they delivered it to you.  Therefore CPW need to replace it.

It's not your problem that DPD decided to "deliver" it to some unknown random stranger outside your house.  That's between DPD and CPW

I don't see it matters that it's a contract 'phone...

TheMiscGuy596

Okell said:

Before thinking of how to escalate it just quote s 29(2) of the Consumer Rights Act 2015 (legislation.gov.uk) to Car phone warehouse:

"(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a) the consumer, or

(b) a person identified by the consumer to take possession of the goods."

Unless DPD have evidence of the 'phone being delivered into either your physical possession or that of someone you'fe identified (and you're saying that such evidence can't exist) it's difficult to see how CPW can prove they delivered it to you.  Therefore CPW need to replace it.

It's not your problem that DPD decided to "deliver" it to some unknown random stranger outside your house.  That's between DPD and CPW

I don't see it matters that it's a contract 'phone...

Most helpful - thanks so much.

TheMiscGuy596

Hello

I thought i'd post this as an update/a question.

Carphone Warehouse are giving me the run-around, stating that it will take an unknown amount of time for them to resolve this issue, despite initially being told that it would take six working days. I have tried escalating via complaints but they are just saying that it is still being looked into. I have been told I will get a response tomorrow but when I called back they said this may not be the case and I should not have been told this. Complaints team have put in writing this:

Due to the nature of this process, we are not able to arrange any replacements prior to the conclusion of the investigation and confirm we will be in contact as soon as an update is available.

I have provided evidence that provides no doubt that I was not home at the time of delivery; nonwithstanding I have sent my timesheet from work, my Google "Timeline" showing where I have been for the day, as well as my RING doorbell logs showing no motion at my door.

DPD are allegedly "still investigating". DPD point-blank refuse to give me any information. I have DPD due Tuesday for a repair box for a family member's iPhone so was going to ask the driver but thought that it may be my usual one and not the driver who "delivered" this.

I am just wondering now - what is my best course of action here? I am ultimately down £100, they still have the Direct Debit active ready for money to be taken from my account. I was expecting to trade in my phone to get the £100 back which I have been unable to do as I need this pending my new one. That money could have been used for bills or other expenses which I am now down due to their error.

Just on principle as to how i've been treated I do not want a new phone and if they send me another one I will return it as this has been nothing but hassle.

Carphone Warehouse have confirmed that everything was being supplied by iD Mobile.

In your opinion, do I:
1. Go through a charge-back; the contract for the device has not been fulfilled. I appreciate that this could result in a mark on my credit report which I would happily dispute with any of the "big 3" agencies or debt collection companies,
2. Follow the complaints procedure - get iD Mobile to issue a 'deadlock' letter OR wait the statutory 8 weeks before getting the Ombudsman/ADR scheme involved, or
3. Do something else, if so what? 

I am against doing Small Claims unless I have exhausted every option available as this is time-consuming for me to have to appear in front of a Judge when it could be done in my own time by sending in a complaint/etc. 


Any help is much obliged.

Thanks all.

born_again

Don't start a chargeback before the end of the investigation, it will only make things messy. These do not appear on credit report...

While it's frustrating just wait to see what their investigation says. To which raising a complaint will not make it any faster, as they will be waiting on 3rd parties that are involved.

flo22

I had a DPD delivery I was expecting for a new monitor, I got the text to say it was delivered but I was in and it hadn't been.  I eventually managed to talk to someone at DPD and their drivers have trackers, it showed that the parcel was not even delivered to my street.  They arranged for it to be collected and delivered correctly.

Make sure DPD check the drivers tracker at the delivery time

TheMiscGuy596

Hi all, an update has come out today.

I called Carphone once again as they had not contacted me back. I was told that the process would now take 30 working days at least for a full investigation!!

I was told that DPD have denied the claim, it has been escalated to management for a final response from DPD, as the tracking shows the driver stationary outside my property prior to the item being delivered.

I have been told that Carphone have no guarantee for this process, but a manager is going to look into it within the next 72 hours which I very much doubt again! 

I am beyond frustrated that effectively my phone has been stolen and they point-blank refuse to take this seriously.

The investigation on their end has not concluded but I am not willing to wait 30 working days to get this sorted - I need the phone or my money back sooner as like I said I was expecting to post my old device to trade in for some money back to cover my expenses which I am now completely unable to do.

I have been told that if they cannot assist me, this is a civil matter between myself and DPD to sort out. I have explained that no, it is not a civil matter between me and DPD as my contract is with Carphone Warehouse to supply the goods, not DPD. The manager on the phone had no answer for this.

I am at my wits end with this now - I have ultimately been conned and 'fobbed off' for lack of a better word.

I could try and claim on my phone insurance but the policy says that the phone would have needed to be active at some point, something which I am unable to prove. I additionally do not have the IMEI number nor am I able to obtain this.

I am just wondering now - what do I do?

born_again said:

Don't start a chargeback before the end of the investigation, it will only make things messy. These do not appear on credit report...

While it's frustrating just wait to see what their investigation says. To which raising a complaint will not make it any faster, as they will be waiting on 3rd parties that are involved.

I appreciate this advice but now I am effectively "stuck" as Carphone are seemingly just pushing this back further until I either get fed up or it becomes someone else's problem. I understand it may leave a mark on my credit file which I am more than willing to dispute, but is it worth considering a charge-back now? I know that this can make it slightly messy but at least then I have my money back for now? 30 working days is not a reasonable timeframe surely??

flo22 said:

I had a DPD delivery I was expecting for a new monitor, I got the text to say it was delivered but I was in and it hadn't been.  I eventually managed to talk to someone at DPD and their drivers have trackers, it showed that the parcel was not even delivered to my street.  They arranged for it to be collected and delivered correctly.

Make sure DPD check the drivers tracker at the delivery time

They have checked this. The phone was delivered outside of my house with no name verification and not to my address but they say that as it is showing as delivered in the vicinity of my property there is nothing they can do (which has been escalated by Carphone).

born_again

TheMiscGuy596 said:

born_again said:

Don't start a chargeback before the end of the investigation, it will only make things messy. These do not appear on credit report...

While it's frustrating just wait to see what their investigation says. To which raising a complaint will not make it any faster, as they will be waiting on 3rd parties that are involved.

I appreciate this advice but now I am effectively "stuck" as Carphone are seemingly just pushing this back further until I either get fed up or it becomes someone else's problem. I understand it may leave a mark on my credit file which I am more than willing to dispute, but is it worth considering a charge-back now? I know that this can make it slightly messy but at least then I have my money back for now? 30 working days is not a reasonable timeframe surely??

Have you paid anything on a debit or credit card here?
Which would only get back what you have paid on card.

If not then there is no chargeback & DD does not have a claim for non receipt.

TheMiscGuy596

born_again said:

TheMiscGuy596 said:

born_again said:

Don't start a chargeback before the end of the investigation, it will only make things messy. These do not appear on credit report...

While it's frustrating just wait to see what their investigation says. To which raising a complaint will not make it any faster, as they will be waiting on 3rd parties that are involved.

I appreciate this advice but now I am effectively "stuck" as Carphone are seemingly just pushing this back further until I either get fed up or it becomes someone else's problem. I understand it may leave a mark on my credit file which I am more than willing to dispute, but is it worth considering a charge-back now? I know that this can make it slightly messy but at least then I have my money back for now? 30 working days is not a reasonable timeframe surely??

Have you paid anything on a debit or credit card here?
Which would only get back what you have paid on card.

If not then there is no chargeback & DD does not have a claim for non receipt.

Yes. So the phone had a £100 upfront cost which I have mentioned previous which I am currently down. This was taken from a Debit Card payment prior to acceptance of the contract (100% not a Direct Debit - just checked and it says paid with Visa ...1234) which is my bank card.

This would have been negated by the £75 enhanced trade in upon purchase of the device which I have been unable to send off due to this issue.

Although Direct Debit has not yet been taken, it remains active on the Bank.

screech_78

born_again said:

TheMiscGuy596 said:

born_again said:

Don't start a chargeback before the end of the investigation, it will only make things messy. These do not appear on credit report...

While it's frustrating just wait to see what their investigation says. To which raising a complaint will not make it any faster, as they will be waiting on 3rd parties that are involved.

I appreciate this advice but now I am effectively "stuck" as Carphone are seemingly just pushing this back further until I either get fed up or it becomes someone else's problem. I understand it may leave a mark on my credit file which I am more than willing to dispute, but is it worth considering a charge-back now? I know that this can make it slightly messy but at least then I have my money back for now? 30 working days is not a reasonable timeframe surely??

Have you paid anything on a debit or credit card here?
Which would only get back what you have paid on card.

If not then there is no chargeback & DD does not have a claim for non receipt.

Would a chargeback even be successful? Given they have proof of delivery?