Urgent help re Communication Ombudsman upheld mobile network decision

Martinmeet · 25 February at 6:30AM

Hi,

I have a friend who needs urgent help in this matter (by 27th Feb he needs to act) and I hope the knowledge and expertise this group has will surely provide guidance and support. My friend got an upgrade deal on his new mobile phone and he was agreed that the new phone will be delivered next day. The delivery company will let him know the one hour window when the delivery will be made.

Following day he waited all day but delivery didn't come. He rang the network and was told that the system didn't process the order so it did not go out. They are sending it out and he will get it next day. Again, there was a promise that the delivery company will give him one hour window for delivery. Next day, he did not get any notification from the delivery company but got the mobile delivered.

He called the network to complain about this issue and also about his loss of extra day as they did not deliver the phone on agreed day (previous day). Network declined the responsibility but when he wrote them officially, they came back with £20 goodwill thing. He lost one whole day due to their system not processing the order, the delivery company did not inform about the specific time so he had to stay home for whole day and £20 did not really compensate his efforts and time.

He discussed this with me and I am a regular reader of this forum, so I advised him to read few pages and use the template provided on this page: https://www.moneysavingexpert.com/shopping/delivery-rights/

He sent the template and next thing happened was that he got their deadlock letter.

He then took it to Ombudsman for this complaint and followed their procedure but last week Friday he got a message that Ombudsman is upholding his network decision and declined his request for compensation. I was shocked to read the text from ombudsman but I am not an expert so advised him that I will ask my dear friends on this forum.

Here is the summary of what happened and the ombudsman response to him:

1. He bought an iPhone which was to be delivered on an agreed date but was delivered one day late.

2. He complained and asked for compensation for his time, trouble and inconvenience.

3. He was offered £20 which he declined and went to Ombudsman after getting the deadlock letter.

4. He provided the details and followed the guidance from the above page, explaining his losses of time, enjoyment, etc.

5. Ombudsman replied with below points:

5.1 Network has provided the agreed contract, device and deal as corrective action after you complained.

5.2 Network did not charge him for upfront cost of £30 which is higher than what they offered in goodwill

5.3 Due to system error the order did not process and Ombudsman agent think it's not the network's fault thus network did not break any contract

5.4 Network is not responsible for the failure of delivery company not telling him the specific time. They are third party and network is not responsible for what third party did or not.

5.5 Ombudsman suggested that he is not a business customer so the network is not obligated to cover his loss of earnings, salary or a monetary value of his time.

At personal level, I think Ombudsman either not fully aware of the facts that any third party used by a company becomes part of their liability and their actions or non-actions are their responsibility so shrugging off it saying it wasn't network's fault, they are telling the wrong thing to him.

Second, taking actions on the following day doesn't compensate for the loss of a day and enjoyment. He is a self employed person and was planned to go to see new client but had to change it as an expensive phone was coming, his losses must be considered even if he is not a business customer, right?

Please advise what are his options? Should he appeal it? OR reject and go to court? or accept his fate and not bother?

He is single parent and a good friend. I don't want him to loose out like this.

He has got 27th Feb till he can respond so any early advises will help me guide him taking actions in time.

Many Thanks in advance and appreciate for reading a long post.

Edyth · 25 February at 7:14AM

I personally feel the ombudsman's response is appropriate. Unless he's on a massive wage, you'll spend more time and effort than a successful outcome would warrant.

Fosterdog · 25 February at 8:53AM

Has he actually lost anything financially? You say he was going to meet a new client which suggests he didn't lose out on a full days worth of work, just one meeting which has been rearranged presumably for another time where he has no other work to do so is not financially disadvantaged. He can't claim for a full day of lost wages if he only had one client that day, the most he would be due would be the loss from that one meeting. Without knowing what industry he works in could he have arranged for the meeting to take place at his home instead? Again without knowing the industry, did he really sit around all day doing nothing or did he continue to work from home?

davidmcn · 25 February at 10:31AM

Martinmeet said:

He is a self employed person and was planned to go to see new client but had to change it as an expensive phone was coming, his losses must be considered even if he is not a business customer, right?

I don't think he can simultaneously claim consumer rights while also claiming for losses suffered by his business. And surely rearranging an appointment is a fairly normal thing which happens from time to time, it doesn't necessarily mean suffering any loss?

Gavin83 · 25 February at 4:13PM

How much has he actually asked for? What losses has he suffered?

bris · 25 February at 8:46PM

What losses can he actually prove? The ombudsman obviously didn't get the proof they needed to make a decision in his favour. £20 is a goodwill gesture, most don't even offer that, he got greedy and lost, move on.

jb66 · 25 February at 9:17PM

If you cant afford to sit in all day waiting for a phone then pick it up frm the depot or go into a shop

mattyprice4004 · 25 February at 9:51PM

Yep, he could have had the phone left at a pick up point if the delivery company was DPD (suspected due to the 1 hour time slot) and mitigated his losses.

Sorry, but being a single parent doesn't excuse you from basic common sense - he could have avoided the loss.

Martinmeet · 27 February at 5:47AM

Sorry guys, I have been travelling so couldn't get back. Though I respect everyone's views and personal experiences/opinions, I think I better leave it to my friend to decide what he wants to do. You all have been, as always, very helpful and informative and I can't thank enough for your inputs.

Thank you so much again

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Urgent help re Communication Ombudsman upheld mobile network decision

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