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Delivery confusion can i sell my Iphone?
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elli592
Posts: 4 Newbie
A few months ago I ordered an iphone 7 as an upgrade from vodafone. A few minutes later I realized that I could get a better price elsewhere so rang back up and cancelled the order. A few weeks later I received the phone and was charged £50 which was part of the order.
Since receiving the phone I have let my contract on my old phone (iphone 6) run out and got a company phone from work. Once receiving the iphone 7 in the post I rung them immediately to explain the situation and issue a refund. I spoke to 7 different people on 7 occasions ((1 per week) THIS IS NO EXAGGERATION) and sent a written letter to about them sending a package for me to send it back in which all of them promised to do. I have also been into the Birmingham store to try and sort it where I was told they were closing and Gloucester store where I was ignored for 10 minutes so got fed up and left as they have taken up HOURS of my time trying to sort out their phone that I didn't want!
Along the way of speaking to each person they refunded the £50 that I paid for the phone because I didn't want it and a few weeks later gave me £10 off my new bill and waved my final bill as I was ringing them up and it was clear they had no record of me having the phone in the first place. The final person I spoke to said they didn't know I had the phone and took the serial number (this was the person who waved the final month of my contract due to me ringing up in good faith knowing they didn't know about it and was supposed to be a member of management). After yet again being promised someone coming to pick the phone up I eventually got my company phone and more or less forgot about the iphone (its still in its packaging). BASICALLY I FELL I CANNOT DO ANYMORE!
Around 3 months later, I have found the phone and decided to try and speak to them via vodaphone live chat once again explained the situation and gave all of my details. Once the situation was explained clearly they said they could see that I was not being charged for any phone and that the iphone 7 was cancelled. I replied by saying 'does this mean I can keep it' and the person from vodafone said 'yes provided no one from the vodafone team contacts you'. I have kept the photo evidence of this.
Basically my query is, have I got the rights to sell it on or actually keep it?
Some advice would be greatly appreciated,
Since receiving the phone I have let my contract on my old phone (iphone 6) run out and got a company phone from work. Once receiving the iphone 7 in the post I rung them immediately to explain the situation and issue a refund. I spoke to 7 different people on 7 occasions ((1 per week) THIS IS NO EXAGGERATION) and sent a written letter to about them sending a package for me to send it back in which all of them promised to do. I have also been into the Birmingham store to try and sort it where I was told they were closing and Gloucester store where I was ignored for 10 minutes so got fed up and left as they have taken up HOURS of my time trying to sort out their phone that I didn't want!
Along the way of speaking to each person they refunded the £50 that I paid for the phone because I didn't want it and a few weeks later gave me £10 off my new bill and waved my final bill as I was ringing them up and it was clear they had no record of me having the phone in the first place. The final person I spoke to said they didn't know I had the phone and took the serial number (this was the person who waved the final month of my contract due to me ringing up in good faith knowing they didn't know about it and was supposed to be a member of management). After yet again being promised someone coming to pick the phone up I eventually got my company phone and more or less forgot about the iphone (its still in its packaging). BASICALLY I FELL I CANNOT DO ANYMORE!
Around 3 months later, I have found the phone and decided to try and speak to them via vodaphone live chat once again explained the situation and gave all of my details. Once the situation was explained clearly they said they could see that I was not being charged for any phone and that the iphone 7 was cancelled. I replied by saying 'does this mean I can keep it' and the person from vodafone said 'yes provided no one from the vodafone team contacts you'. I have kept the photo evidence of this.
Basically my query is, have I got the rights to sell it on or actually keep it?
Some advice would be greatly appreciated,
0
Comments
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You are not allowed to sell it it is not your property.
You should send them a letter (make sure you get a signature) giving them 30 days to collect the item on a date that is convenient for you, advising if the item is not collected by DATE you will dispose of the item.0 -
I have sent a letter months ago. To which they rung me up about it and didn't really sort anything out. they sais they would call back at a more convenient time and never rung back0
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Legally it belongs to them. There are formal processes to go through before you can sell it (including having sent 2 letters informing them of the situation and your plan to dispose* of the item).
* Dispose means "sell at a reasonable market price". This doesn't mean throw it away or sell it down the pub at "mates rates".
The funds from the sale still belong to them, less any reasonable selling expenses.
They have 6 years from first sending you the phone to chase you through the courts for the phone (or the value).0 -
There's a guide of what you need to do here: https://www.derbyshire.gov.uk/images/ft22_tcm44-8201.pdf
Note that legally the money from the sale is theirs, and they have 6 years to collect it. You might assume that they will never ask for it; however if you aren't planning on handing it straight over be sure that you can afford it if they do ask somewhere down the line.0 -
fleshandbone wrote: »You are not allowed to sell it it is not your property.
You should send them a letter (make sure you get a signature) giving them 30 days to collect the item on a date that is convenient for you, advising if the item is not collected by DATE you will dispose of the item.
This isn't quite the full reality. If you do actually dispose of the phone, you need to give them the money and you need to make sure it is sold at market value. They have 6 years to chase you for either the phone or the market price.
They can and will set debt collectors on to you for the phone / the money when it is eventually discovered that they sent it to you.0 -
Hi elli592,
So we can look into this and assist you further, please email us via the form here.
To access the form you'll need to enter the code EFT195.
As well as stating your query in the question box, please also quote "MSE Forum".
Once sent, you'll receive an automated reply with a reference number. Post it on here and we'll check we've received it.
Thanks,
Natasha
Social Media Operations
Vodafone UK“Official Company Representative
I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Quick run it's the fuzz!Hi elli592,
So we can look into this and assist you further, please email us via the form here.
To access the form you'll need to enter the code EFT195.
As well as stating your query in the question box, please also quote "MSE Forum".
Once sent, you'll receive an automated reply with a reference number. Post it on here and we'll check we've received it.
Thanks,
Natasha
Social Media Operations
Vodafone UK0 -
This isn't quite the full reality. If you do actually dispose of the phone, you need to give them the money and you need to make sure it is sold at market value. They have 6 years to chase you for either the phone or the market price.
They can and will set debt collectors on to you for the phone / the money when it is eventually discovered that they sent it to you.
That's not strictly correct either.
You have to send them two seperate letters informing them that unless the collect the item within a certain time frame then you will dispose of the phone.
If nothing comes from the two letters, you can sell the phone (not mates rates) and deduct reasonable expenses from the cleared funds. The rest of the money belongs to Vodafone.0 -
Don't they have six years in which to claim back their property from you.Nutty am I :rotfl:0
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squirrelcyril wrote: »Don't they have six years in which to claim back their property from you.
Yes, as already reported in posts #4, #5 and #6.0
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