Galaxy S4 Lost in Transit mobiles.co.uk Denying their Responsibility As Sender

[clarkenuttal]

Incident:

I pre ordered a Samsung Galaxy S4 from mobiles.co.uk (part of carphonewarehouse) on O2 contract to be delivered to me on 27th of April This was done over the phone. However I received a message from Carphonewarehouse on the 26th that they would not be able to deliver the phone on 27th of April and would now deliver it on the 1st of May instead due to high demand but as a compensation they would now include £40 worth of accessories bundle.

 

After a long day at work when I returned home the parcel delivery man came and delivered the parcel and went. It was in a jiffy bag which was tampered but I didn't pay much attention at that point and cut the bag open and when I opened the parcel there was actually no accessory bundle or handset inside the phone box. It just contained battery, earphones and chargers etc but not the actual handset.

 

I was in a shock as nothing like that has ever happened to me and rang mobiles.co.uk straightaway telling them about the incidence. They asked me if the packaging was tampered to which I said yes and they asked me to sent everything back including the packaging of parcel back to them so they can launch an investigation into the matter. They promised to reimburse the postage cost to me and also promised a call back in 24hours time. With in couple of hours I dispatched the phone box, paperwork and wrapping back to them using Special Delivery. Following day the customer services lady rang me and asked me that bag had 2 holes a rip on top and big cut at bottom. I told her that cut at bottom was me opening the bag I did notice the rip on top but didnt notice 2 holes on the bag. Customer services lady said we would launch investigation with warehouse and would reply you back in 24hours but said that she does not believe why would I accept parcel with tampered bag.

 

After 24 hours of no phone call I had to ring them to chase up progress (today) however I was told by the person on phone since they are a big call center it is not possible to pass the phone or talk to same person as I spoke with however said he would request a call back in next couple of hours. After no communication I picked the phone and spoke to another person and said being seller it is there responsibility that I receive the phone in time. But to my horror he mentioned:

Their Response:

They are satisfied on their end that they dispatched the package with phone inside so it is not their responsibility anymore if I received an empty phone box without the handset or if I have not received my phone. They would neither issue me refund nor would send me a new phone nor would cancel my contract.

 

At this point I lost my calm and told they person that how am I suppose to know if his claim of dispatching goods is correct, it might be someone in his packing, dispatching, courier company, driver or even a random person breaking into courier van.

 

Options Given:

Customer services guy just gave me following options that f I am unhappy with the outcome

 

(1) I can raise the matter with the police. However they still would not send me a replacement handset or refund even if I give them crime reference number (even though they not sure about what should I tell the police of who has taken the phone) as their part ends where they sent off parcel with contents inside.

(2) Chase up with courier company about missing handset as it is not their concern as they dispatched the phone box with contents inside. I should've not signed for the parcel without checking its contents (Even though I told him that driver was hardly there for 30secs and no courier driver actually waits for you to check the contents before signing). Customer services response was sorry but its your fault then if you didn't notice the tamper or check the contents in front of driver.

 

(3) Contact O2 may be if they can cancel my upgrade, they cant do it as again they have posted the item if I get it or not its my luck.

 

(4) Or contact ofcom if I am not happy with their response.

 

Bottom line is that Mobiles.co.uk has made completely clear that regardless of the facts their part of responsibility ends when they dispatch the item.

Can someone kindly tell me what rights do I have and how do I approach this matter? Surely this issue comes under Distance Selling Rights (DSR) and considering the actual delivery took place on the 1st of May and got sent back same day and its only 3rd today?

 

At this point I am completely lost so any help is highly appreciated.

[BankFodder]

Bottom line is that they are responsible for getting the phone into your hands.

 

I suppose that you didn't take pictures of the packaging before you sent it back or that you didn't record any of the phone call which you had with them.

 

Report it to the police.

get a crime reference number

Go and read up the rules on delivery in the Distance Selling Regulations.

 

Write them a letter giving them the crime reference number, quoting the DSR and giving them 14 days to refund you or to let you have a replacement or you will sue.

 

If you aren't prepared to sue then don't make the threat - but then settle in for the long haul.

 

If you sue, it will be sorted out in a matter of weeks.

 

In any event report them to Trading Standards

[clarkenuttal]

Does small print or terms and conditions saves them and allows them not to send me replacement handset?

[stu007]

Hi this is there Terms & Conditions in PDF

 

Have a look at: 2.3, 3.6, 3.7, 7.2 interesting but think what they said to you, 8 complete.

[clarkenuttal]

Sorry To be a Pain but I have been through Distance Selling Regulation but could not find anything relevant about the seller's responsibility to deliver the goods to the buyer or about buyer's rights if goods delivered are missing, lost or incomplete. Can someone kindly point me in the right direction?

[havinastella]

How did you pay for the item?

[clarkenuttal]

I paid initial deposit using debit card rest it's a 24 month contract which at present means that for next 2 years I am without a phone

[clarkenuttal]

Bottom line is that they are responsible for getting the phone into your hands.

 

I suppose that you didn't take pictures of the packaging before you sent it back or that you didn't record any of the phone call which you had with them.

 

Report it to the police.

get a crime reference number

Go and read up the rules on delivery in the Distance Selling Regulations.

 

Write them a letter giving them the crime reference number, quoting the DSR and giving them 14 days to refund you or to let you have a replacement or you will sue.

 

If you aren't prepared to sue then don't make the threat - but then settle in for the long haul.

 

If you sue, it will be sorted out in a matter of weeks.

 

In any event report them to Trading Standards

Thanks for the advice. I didn't take pictures or recorded calls as I never thought they would be dishonest about it now I believe is best to put things in writing and get written reply back from them. The customer service guy said if I want I can take it up with delivery company as after satisfactory dispatch its not their responsibility anymore so it is now between me and courier company (which I completely didn't agree to as they chose to send it with them). Secondly I believe it is senders responsibility to chase things up with couriers not buyers? Should it be me though to report phone as lost as I never received it or should be it them?

When I asked if I get crime reference number will mobiles.co.uk dispatch phone he bluntly refused and advised me to claim through mobile phone insurance instead. I told him why should I do it with them as phone was never received so how can I claim for phone that was never delivered? To reply he said then it had nothing to do with them as they are satisfied it had handset inside when they dispatched.

[labrat]

Dear sir or madam

 

I recently ordered a Galaxy S4 from your website mobiles.co.uk

 

when received the packaging was damaged and the phone and other accessories missing

 

upon reporting this to yourselves i was advised that it was not their issue as the handset was recorded leaving the warehouse with all contents intact, as i had signed for the parcel i had basically agreed that all the contents were present

 

i would like to refute this under the consumer protection from unfair trading regulations (2008) the handset is under a duty of care from yourselves and the couriers and you cannot use your terms and conditions to absolve yourselves of this, i was also not offered sufficient time to inspect the goods before signing and therefore any signature is only a signature of receipt and not proof of contents conditions

 

i would like to allow you a reasonable opportunity to resolve this reasonably, therefore i require a response and a solution within 20 working days.

 

if you are unable to provide a reasonable solution to this then i will unfortunatly need to resort to my rights under law and may issue a small claims action for the cost of a replacement handset

 

yours sincerely

 

 

 

 

only put the bit in red if you intend to follow through with action

 

i would recommend copying it to Roger Taylor at taylorr@cpwplc.com

 

you tend to get better and faster responces from there

[clarkenuttal]

Dear sir or madam

 

I recently ordered a Galaxy S4 from your website mobiles.co.uk

 

when received the packaging was damaged and the phone and other accessories missing

 

upon reporting this to yourselves i was advised that it was not their issue as the handset was recorded leaving the warehouse with all contents intact, as i had signed for the parcel i had basically agreed that all the contents were present

 

i would like to refute this under the consumer protection from unfair trading regulations (2008) the handset is under a duty of care from yourselves and the couriers and you cannot use your terms and conditions to absolve yourselves of this, i was also not offered sufficient time to inspect the goods before signing and therefore any signature is only a signature of receipt and not proof of contents conditions

 

i would like to allow you a reasonable opportunity to resolve this reasonably, therefore i require a response and a solution within 20 working days.

 

if you are unable to provide a reasonable solution to this then i will unfortunatly need to resort to my rights under law and may issue a small claims action for the cost of a replacement handset

 

yours sincerely

 

 

 

 

only put the bit in red if you intend to follow through with action

 

i would recommend copying it to Roger Taylor at taylorr@cpwplc.com

 

you tend to get better and faster responces from there

 

I really really appreciate your help. Will carphonewarehouse help though as I got the phone off mobiles.co.uk which is subsidiary of Carphonewarehouse not Carphonewarehouse itself?

[pedwar]

did you buy it with a credit card? sorry I didn't see earlier post

[labrat]

that email is listed as ceo email for carphone warehouse and mobiles.co.uk

[clarkenuttal]

did you buy it with a credit card? sorry I didn't see earlier post

 

It's 24 month contract which sucks. Paid deposit using debit card. Spoken to O2 which said they can't cancel contract until mobiles.co.uk marks phone as returned on system and they have not done nothing wrong and suggested to take it up with mobiles.co.uk as contract is between me and mobiles.co.uk

[clarkenuttal]

that email is listed as ceo email for carphone warehouse and mobiles.co.uk

 

Great that really helps

[labrat]

give it a try

 

for small issues dont bother with ceo email

 

howver for issues like this it sorts it 90% of the time

[clarkenuttal]

My Letter of Complaint to CarphoneWarehouse

 

Respected Mr. Roger Taylor,

 

I recently pre ordered a Galaxy S4 from your website mobiles.co.uk on the 23rd of April 2013. This order was suppose to be delivered to me on the 27th of April 2013. However on the 26th of April I received a SMS from CarPhoneWarehouse advising me that due to high demand my phone would be delivered on the 1st of May 2013 instead and a £40 accessory bundle would now be included as compensation. This sounds very unprofessional as the whole purpose behind pre ordering something is to receive it on time but I was left out on this.

 

After receiving this SMS I called immediately called CarPhoneWarehouse explaining my concern that this was not acceptable. I offered the option of collecting this from any of the CarPhoneWarehouse outlet but I was told that it was not possible either.

 

Finally when I received the delivery packaging was damaged and the handset was missing. Even though there were accessories inside there was no actual handset nor was the £40 accessory bundle which was promised. I quickly ran outside my house to try and stop the delivery driver but he was gone.

I was in a shock as nothing like that has ever happened to me and rang mobiles.co.uk straightaway telling them about the incidence. I was advised to send everything back including the packaging so the matter could be investigated.

 

I was also advised that I should try and try and recover the handset from insurance instead but I pointed out to your colleague that it was not a legal procedure as handset has not been lost by me it is instead never been delivered to me and making such a claim would be a committing an insurance [problem] a practice I would never endorse.

 

Following the reporting of this to you I was advised that it was not mobiles.co.uk issue as the handset was recorded leaving the warehouse with all contents intact, as I had signed for the parcel I had basically agreed that all the contents were present.

 

I would like to refute this under the Consumer Protection From Unfair Trading regulations (2008) the handset is under a duty of care from yourselves and the couriers and you cannot use your terms and conditions to absolve yourselves of this, i was also not offered sufficient time to inspect the goods before signing and therefore any signature is only a signature of receipt and is neither a proof of receipt of complete contents nor is proof of condition of contents.

I would like to point out like to point out that as per the Distance Selling Regulations your company has 30 days in which to “perform the contract” (i.e. deliver the goods) which in this case would be until the 22nd of May 2013.

 

“A contract must be carried out within the time limits agreed with the consumer as stated in the terms and conditions. If no period is set then the statutory time limit is 30 days from the day after the consumer sent the order to you.” (Source OFT Website)

 

I would like to allow you a reasonable opportunity to resolve this reasonably; therefore I require a response and solution within 7 days from today and a replacement handset including £40 accessory bundle be delivered and my cost of returning the parcel to be reimbursed by the 22nd of May the latest (30 days from my actual order date) as per OFT guidelines mentioned above.

 

Yours Sincerely

[labrat]

sounds good to me

[clarkenuttal]

sounds good to me

 

I've only sent it to CEO not to any customer service person surely least he can do is to forward it to relevant department/person

[labrat]

they ussually do

 

id give it a couple of days for responce, shortest responce ive had is a company aranging a new washer same day

[BankFodder]

Sorry To be a Pain but I have been through Distance Selling Regulation but could not find anything relevant about the seller's responsibility to deliver the goods to the buyer or about buyer's rights if goods delivered are missing, lost or incomplete. Can someone kindly point me in the right direction?

you haven't read the DSR very carefully.

your rights are clearly there.

reg. 10 allows you to cancel when you make the agreement.

reg. 11 gives you until 7 days after you have received the goods to cancel.

you haven't received so your right of cancellation still exists.

[clarkenuttal]

you haven't read the DSR very carefully.

your rights are clearly there.

reg. 10 allows you to cancel when you make the agreement.

reg. 11 gives you until 7 days after you have received the goods to cancel.

you haven't received so your right of cancellation still exists.

 

Do I need to contact mobiles.co.uk or OFT to exercise reg.11of DSR?

[BankFodder]

just send them a formal letter of cancellation

 

send it out by special delivery.

[BankFodder]

I'm using a phone now so it tricky.

 

 

seems the letter and I'll give you more info later

[clarkenuttal]

REPLY TO MY EMAIL SENT:

 

Hi

Thank you for your email sent to Roger Taylor. This has been passed onto myself to look into for you.

 

I’m really sorry to hear the experience you’ve received from us isn’t the experience we would usually aim for you to receive. I’m currently looking into the issues you’ve raised and would be grateful in the meantime if you could provide me with your best contact number and a time between 9am – 5pm you’re usually free to discuss this further. Alternatively if you’d prefer to discuss this via email, please confirm the following information for security reasons:

 

Home address including postal code

Date of birth

Order reference number

 

Thank you for bringing this matter to my attention and I look forward to discussing this with you further at your earliest convenience.

 

Yours sincerely

[BankFodder]

Tell them that you want every thing done in writing because you don't trust them anymore