Mobile phone delivery problem! (non delievery)

Discussion in 'Finance, Property, Law' started by Gust.Avrakotos, Dec 10, 2008.

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  1. Got quite a bit of a problem brewing at the moment!

    I got a call from a mobile phone company and agreed a deal, once I received the phone (Nokia Classic something) I realised it was a pile of crap and sent it back in exchange for a new phone. About 20 minuets after I put the phone in the post I called the company and said I didn’t want a replacement and they can shove their deal completely.

    Well it turns out they have sent me another phone (or so they claim, a C905) which they say was delivered yesterday. Trouble is at the time they say it was delivered I was not home, nor was my housemate (who is in Spain) and the name that has singed for the phone is some Mr M Gui (the rest is scribble).

    Where do I stand? I did not receive this phone nor did I sign for it, but the mobile company are saying its been signed for (even though it wasn’t me) and its not their problem.

    Anyone know my legal standing?
  2. Tell them to poke it there at it mate, had the same problem with getting charged £13 everytime there wasnt someone in to take delivery!! Problems was I am at a HUGE HQ with over 2500 ppl on it , and a Guardroom (where I told them to deliver it) Once it all settled down I got hold of a courier mate who said this was a blag to get more money! Not your signature , not your problem thats what I say , where you stand legally no clue but I do Love and arguement lol
  3. This is what I thought, then the bird on the phone was saying "Well you will have to find out who took delivery of it and get it from them".

    What do I look like, the police?
  4. There on the blag for money mate me thinks I smell a rat. Posty probably has signed for it and giving it to Old Aunty Mabell for Xmas.
  5. You will find that this will just be a back and forth argument for both parties here.

    One will say it’s been delivered, the other will say it’s not.

    At the end of the day the delivery company will have to prove who received it and ultimately it will be them who get the bill.

    Very simple here stand your ground and say it has not been delivered.
  6. Will do, cheers.
  7. there is a recent case (the name of which i cannot remember - but if it becomes necessary i will find it for you) which will help you here.

    the case in summary says that when somebody sends something by post it is their responsibility to make sure it gets delivered to the right person - not the recipients. Ie is it not your responsibility.

    i agree with what everyone else is saying in here. the problem is that of the phone company regarding delivery. it is not yours. if they have an issue they can take it up with the delivery company.

    you do have a problem yourself too though - you did agree to buy the phone so you may still have a valid contract. a contract can be oral, it does not need to be written down.

    there may be a way to get out of it regarding distance selling regulations but i would need to check to see if that applies to a mobile phone (or some wizard who is up on these matters could carry on this thread??). if you get any grief from them let me know and i will look up that point for you as a last resort.
  8. is it 3 mobile ?

    There is a 14 day cooling off period. And the reason I ask is I have been watching the reviews of 3 mobile, where similar things have happened. When someone has actually found out that the reception is not has promised they have cancelled their contract, only to be told they must continue to pay.

  9. Yes it is 3 mobile as it goes, although I got the deal through some company called mobiles direct.

    I have in fact already told mobiles direct I don’t want their deal (they were cheeky sods and told me my current deal was about 2 expire, when it still has 4 months to run) and even told them not to post this new phone a few days before they sent it.
  10. Carrying on from this, 3 are notoriously bad on Customer Service and the things they write into the small print. I know its perfectly legal for them to do it, but, for example, I have a 3 mobile internet dongle that I plug into my laptop to acces the web. If I go over my limit, I can charged an extra £1 for every MB over. On other companies, the charge is more like £1 for every GB!
  11. I changed to 3 a few months ago,
    They cut my phone off three times in the first 6 weeks for not paying the bill. Unfortunately this was despite the 1st two occasions being before the 1st bill was issued and the 3rd time a week after the bill was paid by direct debit.
    Absolutely useless bunch of idiots, when the contract expires I will use another firm.
  12. If it is any consolation I too got done over by 3 and as soon as my contract expires, I wont be going back to them either.

    The network coverage is completely useless.