Contract phone not delivered - what are my rights?

ThumbRemote

Just send ID mobile a Letter before Action then, if they fail to refund you and cancel the contract, take it to small claims court. You have plenty of evidence.

There's basically no incentive for them to pay up unless they are made to. 

Alderbank

Sending a LBA often results in any further communication abruptly being cut off until the hearing. The current wait time for a hearing in small claims court is about nine months.

Charge-back will fail at present because the matter is currently under investigation. The OP only gets one chance for charge-back so a waste to try to claim it at this stage. 

TheMiscGuy596, what kind of mark are you referring to on your credit report?

born_again

screech_78 said:

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? 

usual advice would be no, but it depends on retailer contesting. Even then, they still have the legal route to reclaim funds.

TheMiscGuy596

screech_78 said:

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? 

My thought process is that I could have more of a chance with this as if Carphone/Currys defend the charge-back, my thinking is they would need to evidence that the phone has been actually physically delivered to me where I have evidence of the contrary.

Alderbank said:

Sending a LBA often results in any further communication abruptly being cut off until the hearing. The current wait time for a hearing in small claims court is about nine months.

Charge-back will fail at present because the matter is currently under investigation. The OP only gets one chance for charge-back so a waste to try to claim it at this stage. 

TheMiscGuy596, what kind of mark are you referring to on your credit report?

The mark I am referring to is if I cancel the Direct Debit, it will appear as a missed payment in my otherwise-flawless credit file. Although there is nothing that I 'want' per sé on credit, in a couple of years I would be looking at a mortgage so do not want to scupper my chances if I can.

born_again said:

screech_78 said:

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? 

usual advice would be no, but it depends on retailer contesting. Even then, they still have the legal route to reclaim funds.

This is my worry/issue as well.


What would your advice be to proceed? Complaints process and ADR/Ombudsman service? I am conscious that I only get 120 days to charge-back anyway so if I did end up ticking down the 8 weeks of complaint and 90 days of Ombudsman I would be outside of the charge-back process.

I can certainly do a LBA but definitely want to avoid having communication abruptly terminated if I can.

Thanks all once again!

born_again

My thought process is that I could have more of a chance with this as if Carphone/Currys defend the charge-back, my thinking is they would need to evidence that the phone has been actually physically delivered to me where I have evidence of the contrary.

They do not need to prove it was delivered to you, just it was delivered, which we take it that DPD have provided, given they are contesting it was not delivered.

That is the danger of the chargeback. Visa/MasterCard is a simple question to the retailer. Do you have proof of delivery. 

As yet they have not said they will not refund/replace. Until they say that then no much point in doing a chargeback & losing your one chance.

TheMiscGuy596

born_again said:

My thought process is that I could have more of a chance with this as if Carphone/Currys defend the charge-back, my thinking is they would need to evidence that the phone has been actually physically delivered to me where I have evidence of the contrary.

They do not need to prove it was delivered to you, just it was delivered, which we take it that DPD have provided, given they are contesting it was not delivered.

That is the danger of the chargeback. Visa/MasterCard is a simple question to the retailer. Do you have proof of delivery. 

As yet they have not said they will not refund/replace. Until they say that then no much point in doing a chargeback & losing your one chance.

OK - understood - what is reasonable to do here? As you can appreciate I am without £100. It has been confirmed to me that the 30 working day timescale stated was entirely incorrect following a callback received this morning. The instruction given by the Carphone Warehouse associate (who confirmed the call is recorded which I have requested a copy of) is that I should wait until Thursday at 14:30pm which is 72 hours from when it was escalated, then raise a charge-back request should I not hear anything from them. 

Is it not just worth me waiting til Thursday, getting this recording and submitting this with my chargeback request? 

If not, please can you confirm exactly what you would do if you were in my situation? Should I at least cancel the DD instruction pending their response to stop any money abruptly leaving my account?

TheMiscGuy596

Bump.......

born_again

TheMiscGuy596 said:

Bump.......

Bumps are not a good thing.
https://www.moneysavingexpert.com/site/forum-faqs/
Bumping threads annoys other users in the community, so please don't do it. People will respond if they have something to add.


In reality nothing further to add other than already has been said 🤷‍♀️

TheMiscGuy596

born_again said:

TheMiscGuy596 said:

Bump.......

Bumps are not a good thing.
https://www.moneysavingexpert.com/site/forum-faqs/
Bumping threads annoys other users in the community, so please don't do it. People will respond if they have something to add.


In reality nothing further to add other than already has been said 🤷‍♀️

I understand that but I had a question at the bottom of my previous post which remains unanswered so feel there may be more to add.

born_again

Only you can make a judgement call on that. 

Which will be why no one replied. 👍