DPD and mobile phone order

[Max Powell]

Hi, 4 weeks ago I ordered a mobile phone contract with ID Mobile for next day delivery by DPD.

 

After I made the order I found a better deal so I wanted to cancel the order.

 

I contacted ID Mobiles online customer service and I asked the agent to cancel the delivery but he said that it was too late to cancel it and suggested that I refuse delivery as this would be the quickest way to return the phone and cancel the contract.

 

When the delivery driver arrived the next day I told him that I was refusing delivery and I wanted the phone to be returned to ID Mobile.

He agreed to do this but instead of recording the item as refused on his PDA, he continued to take a picture of the phone and another package I ordered from BT in my doorway.

Unbeknown to me at the time, this was not the correct protocol to return an item. He should have recorded the phone as refused and only taken a picture of the BT package. I only found this out after I contacted ID Mobile again when the delivery driver had left. I have made several complaints to ID Mobile and DPD over this matter as I believe that the delivery driver planned to steal the phone.

 

I have voice recorded and email evidence of DPD customer service department admitting that the delivery driver said he incorrectly marked the phone as delivered.

 

Also, I asked ID Mobile to block the phone so the delivery driver could not use it.

I now don't know who to contact as DPD recently told ID Mobile that the investigation into the missing phone is closed, even though I have evidence of them admitting that the phone has not been delivered.

Edited November 29, 2022 by Max Powell

[dx100uk]

then you take DPD to court for the loss of the phone.

 

but 1st you send a letter of claim.

 

type in DPD or evri in our search top right of the red banner and get reading a good few 10's of threads.

 

now how you value this is another matter as you've not actually suffered any loss. 

 

 

[Max Powell]

Thanks for the advice. I ordered the Samsung S22 Ultra which costs about £1000 and this has been causing me alot of stress and anxiety.  @dx100uk

Edited November 29, 2022 by Max Powell
Add info.

[Ethel Street]

@Max Powell  presumably you paid ID Mobile when you placed the order.  Has the money been refunded to you by ID Mobile since you told them you wanted to cancel it? Or are they refusing to refund you because they haven't had the phone back?

 

How much money is owed to you?

[Max Powell]

Yes, I've paid a £99 start up fee and one month's line rental (£35.99). 

 

I've now cancelled the direct debit and I haven't received any money back from ID Mobile. 

[dx100uk]

well you wont

go do a dd guarantee reclaim to your bank,

 

the fact that their courier has lost the phone is not your problem IMHO.

 

dx

 

[BankFodder]

Well done on recording your call. Most people don't and then they regret it.

Read our customer services guide. Make sure that you have got the call recording properly backed up. Do not keep only one copy and especially not simply on your telephone.

Please will you reproduce the email which you have received confirming that the delivery driver made a mistake.

On the basis of what you have told us, you have 100% chance of success.

Your chances of success are so good that I would not cancel the direct debit. If you cancel the direct debit they will immediately get into debt collection note on/up your credit file and that will give you a much bigger problem to sort out.

With our help you can go about this calmly and in the correct order. The correct thing to do would be to sue them in the Small Claims Court for the money they have received so far and that would effectively reduce the judgement which will make it clear that the contract is an end.
Then you can cancel the direct debit.
If you are happy with this proposal then please confirm that you are there to go to the Small Claims Court.

Once again, I would not cancel the direct debit if I were you until it is clear in writing from the seller that this is okay. This is unlikely to happen so you will have to sue but once again, the chances of success are pretty well 100% from the evidence that you say you have..

 

[dx100uk]

sorry if i might not be understanding the nuance of all this situation..but...

 

why/who is the op going to launch a court claim about? 

 

surely they can't claim against DPD for the loss of the item, a phone reported to be worth £1000 to the retailer nor the payments made to the retailer under said contract?

 

they can't launch a claim against the retailer solely for the payments made to date as that doesn't address the loss of their £1000 phone?

 

now unless a credit agreement under the CCA is involved i can't see this trashing their credit file either?

 

The retailers chosen courier has lost the item upon refusal by the recipient to accept it. That's down to the retailer to argue out with DPD, it is not the problem of the recipient to ever resolve?

 

Their only issue is to regain their payments made to date, on a contract they correctly cancelled within the 14 days window, as this was an online contract cancellable within those 14 days? 

 

that can be done under the DD guarantee.

 

any trashing of a credit file can be sorted via the ICO should the ever happen.

 

dx

[Max Powell]

Thank you.

 

Yes, I have 3 copies of all the recordings (Laptop, Phone and on WhatsApp).

 

Ok, I will find out how I can reinstate the DD.

 

The recorded telephone conversations are better evidence of DPD admitting liability for the "lost" phone as the agent says that the delivery driver said that he incorrectly marked the parcel as delivered and they are sorry for this.

 

Here is a recent email conversation I had with DPD:

 

 

Quote

 

---------------Original Message---------------

From : {My Email Address}

To : customer.services@dpdlocal.co.uk

Sent : 18/11/2022 16:31

Subject : Missing return ID Mobile phone - Ref: 15500699561426

 

 

Hi, 

 

Here is the recording of DPD admitting liability for the lost returned mobile phone.

 

Even though I told the delivery driver before he took the picture of the package that I wanted to return it, he still continued to take a picture and taking the phone with him.

 

At this time, I wasn't aware of the return item process so I didn't challenge the delivery driver by asking him why he was taking a picture of the package in my doorway if its a return item.

 

This matter has caused me a high amount of stress and ill health so on the advice of a solicitor, legal action may commence if this is not resolved to my satisfaction.

 

Yours sincerely

{My Name}

ref:_00D20MS7w._5004LO2SPR:ref

 

 

 

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Quote

 

Re: Missing return ID Mobile phone - Ref: 15500699561426

 

C

customer.services@dpdlocal.co.uk

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To:

• You

 

Sat 19/11/2022 03:54

 

Hi {My name},

 

I am sorry you have not received your parcel and it's reflecting as delivered. I understand this might be worrying for you.

 

We have raised an investigation to locate your parcel. All the investigation updates will be shared with your sender only. Please contact Currys Retail Ltd for any further dispute in this case.

 

For your future deliveries, you can add a photo of your house via "Find my house" feature available in your DPD app which helps our driver to find your correct house. 

 

Stay safe. 

 

Regards,

Aqdas

DPD Local Team.

 

 

[BankFodder]

Firstly, in response to my site team colleague @dx100uk, I certainly hadn't taken into consideration Paul whether this was the CCA agreement.

To @Max Powell, you should certainly look at my site team colleagues advice with authority when it comes to debt.  This is an area which I've tended to clear of over the years.

On the basis that there is no impact your credit file, then certainly you should keep the direct debit cancelled. I don't think you can reinstate them. I think you have to advise the beneficiary that it is cancelled and invite them to start a new one so it gets a bit complicated.

However I would suggest that you doublecheck that it isn't a CCA agreement.

Whether you are paying the money or not, your chances of success as I have already said are pretty well 100%.

[Max Powell]

I just spoke to ID Mobile, and yes it is a Consumer Credit Act (1974) agreement. 

[dx100uk]

then ring them and cancel the agreement, you are within 14 days cancellation rights as this was an online agreement. who is the finance company ?

 

they cant use the fact the phone is lost to prevent cancellation.

and that loss is not your problem its between the retailer and dpd.

 

dx

 

[Max Powell]

That's what I told ID Mobile but they said that it's a depute between DPD and me.

 

They said that I have to contact DPD to get it resolved. 

[dx100uk]

nope. not your problem

who is the finance company of the HP agreement you signed ..

dx

 

[Max Powell]

Hi,

Today, I called DPD to get confirmation that the investigation into my missing returned mobile phone is finished, and they said it is.

I asked the advisor to read out the notes about the case and they have changed the notes on the parcel. Isn't this illegal?

I have the original recording of the advisor admitting that the driver incorrectly scanned it and today's recording where they say it was delivered.
 

[dx100uk]

not your problem what happened to the phone.

 

who is the finance agreement with please?

 

dx

 

[Max Powell]

It's with ID Mobile and DPD were delivering it. 

[dx100uk]

iD Mobile is a British mobile virtual network operator (MVNO) operating as iD Mobile Limited, using the Three network. The company is a wholly owned subsidiary of Currys plc

 

currys nor ID mobile nor Three mobile are finance creditors.

 

look at the consumer credit agreement you signed that states at the top it is regulated by the consumer credit act.

 

dx

[Max Powell]

I've read through the agreement, and as you said; it is owned by Currys Group Limited, 1 Portal Way, London, W3 6RS. There are no other companies mentioned on the agreement.

 

[dx100uk]

and this is the one that says at the top:

 

consumer credit agreement regulated by the consumer act?

[Max Powell]

There's no reference to the consumer credit act on the contract summary but the ID Mobile customer service advisor told me that it is a consumer credit act agreement. 

[dx100uk]

then you would have a copy of the contract (for the airtime usage ) AND a separate credit agreement for the purchase of the phone, you have not, the rep doesn't know what they are talking about.

 

the phone was never in your possession, you refused the delivery, not your problem what happened to it.

 

so now that is out the way, pers i'd simply go do a DD guarantee reclaim get all your moneyback.

 

if they trash your credit file, then there are ways to resolve that.

 

they have no hold over you.

 

dx

 

 

 

[Max Powell]

On the agreement it states:

 

The price of individual elements of your bundle
If you were to buy your phone and plan separately you could pay:
Equipment cost: £1149.00 (incl. VAT) Galaxy S22 Ultra 128GB Phantom Black
SIM only plan cost: £16.00 (incl. VAT) Unlimited data, Unlimited minutes, Unlimited texts, 24 Months SIM only contract. 

 

I only wanted to change the contract to the 512GB version of the S22 and pay the extra £5 a month but now I'm so dissatified with the way ID Mobile has handled this matter that I want the contract cancelled and my money back.

Edited November 30, 2022 by Max Powell

[BankFodder]

If these people are part of Currys, then you can certainly expect denial, minimum application of consumer obligations and obstacles at every step .

 

 

That's Currys PLC

 

[Max Powell]

They have left me no option but to proceed with legal action as I will not pay them over £1000 to get out of this contract.

 

If I didn't have recorded evidence of the customer service agent admitting that the parcel wasn't delivered, I probably would have conceded and accepted their ruling but I have the evidence so I will not give up!