Phone missing from DPD package

Colloydan

I ordered a Samsung Galaxy Z Fold 6 1Tb from the Samsung UK website and it was delivered the next day in a package along with a pair of galaxy buds and a Samsung ring sizing kit. As soon as I took the parcel off the DPD delivery driver I thought that it was a bit light. I opened the package and the Samsung box inside. Looked a bit battered but didn't think anything of it. Galaxy buds and Ring sizing kit all OK, however upon opening the Z Fold 6 box, the actual phone was missing. I checked the seals and one looks like it has probably been tampered with.

I immediately took photos and contacted Samsung. They asked me to send the photos and they would investigate. Just to mention, the weight of the whole package printed on the DPD label was 0.3kg, which is barely more than the weight of the phone itself, so it obviously wasn't in the box when it entered the DPD delivery network.

Samsung have now completed their investigation and are saying everything is OK on their side so, effectively, I must have received the phone and am lying.

Any advice? I now have no phone but a finance agreement to pay for it.

Aylesbury_Duck

What sort of finance agreement?  Might the finance company be jointly liable and therefore your next port of call.

Otherwise, send Samsung a letter before action threatening to sue.  Small Claims action works on the balance of probabilities so you don't need forensic evidence, just present what you have and hope that the court sides with you, or that Samsung pay up beforehand.

HillStreetBlues

Agree with above.
Put back everything in the box then weight it, as this will be the major part of your "proof"

magpies79

Definitely weight it and take photos would it help to find something that weighed the same as the phone and also weight that with it in to show what the difference would actually be and photo that?

This seems to happen a lot more these days personally I always opt for pick up at the store for collection obviously if that’s possible.

Colloydan

Thanks for the advice.  I will certainly go for store pick up in future.  I have photographic evidence of the weight of the package received and am still in email pong pong with Samsung.

km1500

the finance company are jointly liable 

if you get no joy from Samsung go to the finance company and ask them to refund you under S75

A_Geordie

Sounds like the creditor under the finance agreement are responsible, not Samsung. It would be the creditor who would have sold the OP the phone having paid Samsung and the OP paying the creditor back on finance. OP needs to review the finance agreement and probably talk to the creditor otherwise they may be barking up the wrong tree.

Keep the box and label as evidence, so don't throw that away. Also note under the Consumer Rights Act 2015 the risk of the goods pass only when they come into your physical possession.

eskbanker

A_Geordie said:

Sounds like the creditor under the finance agreement are responsible, not Samsung. It would be the creditor who would have sold the OP the phone having paid Samsung and the OP paying the creditor back on finance.

OP can obviously confirm but it would be more typical for the consumer to have contracted directly with the merchant, even though there may also be a funding arrangement, so if s75 applies then this is in addition to the customer's rights against the merchant, rather than instead of them.

born_again

km1500 said:

the finance company are jointly liable 

if you get no joy from Samsung go to the finance company and ask them to refund you under S75

As Samsung have said no breech of contract, then the finance can simply take the same stance. Especially if it is a linked finance deal with retailer, there will be contact between them. So it is not a given that S75 will cover this.
🤷‍♀️
Unfair, YES. But then that is how it goes & does not help OP.

You have to feel for people in these situations, where retailer has their proof & customer has theirs. Just they are totally different.😶‍🌫️

HillStreetBlues

born_again said:

km1500 said:

the finance company are jointly liable 

if you get no joy from Samsung go to the finance company and ask them to refund you under S75

As Samsung have said no breech of contract, then the finance can simply take the same stance. Especially if it is a linked finance deal with retailer, there will be contact between them. So it is not a given that S75 will cover this.
🤷‍♀️
Unfair, YES. But then that is how it goes & does not help OP.

You have to feel for people in these situations, where retailer has their proof & customer has theirs. Just they are totally different.😶‍🌫️

A big difference is that if the OP would have to take Samsung to court and pay a fee (reclaimed if won)  but a S75 is free.
All Samsung has proved of is that a package weighing 300g or less was delivered. OP can show it's couldn't have been a phone as far too light.

Boohoo

HillStreetBlues said:

born_again said:

km1500 said:

the finance company are jointly liable 

if you get no joy from Samsung go to the finance company and ask them to refund you under S75

As Samsung have said no breech of contract, then the finance can simply take the same stance. Especially if it is a linked finance deal with retailer, there will be contact between them. So it is not a given that S75 will cover this.
🤷‍♀️
Unfair, YES. But then that is how it goes & does not help OP.

You have to feel for people in these situations, where retailer has their proof & customer has theirs. Just they are totally different.😶‍🌫️

A big difference is that if the OP would have to take Samsung to court and pay a fee (reclaimed if won)  but a S75 is free.
All Samsung has proved of is that a package weighing 300g or less was delivered. OP can show it's couldn't have been a phone as far too light.

I just checked the weight for this mobile on Samsung website and it says 239g so under the weight on the package but this doesn't include the phone box packaging and other bits.