Carphone Warehouse strikes again...

[wenamen]

Hello! I am very new to this forum and I have an interesting story to tell. I am not sure whose fault any of this is or if it's just bad luck so I would appreciate any advice about whether there's anything I can do.

My sister got an 18 month mobile phone contract in her name at the Carphone Warehouse (CPW). It came with a new mobile and she intended it as a gift to me. She ordered it over the phone and tried to have it sent to my address. She was told that CPW uses a courier to make their deliveries and that my postcode was not considered a 'secure' place to deliver the phone (despite the fact there is CCTV, perimeter fence and 24 hr security guards at my place but I digress...). So she had to have it delivered to her address. However when it arrived with her, it had not been delivered by courier at all but by Royal Mail (RM) - meaning CPW could have posted the mobile directly to me without this hassle as they obviously do not use couriers for all deliveries. She proceded to post the mobile to me via RM Recorded Signed For first class delivery. The mobile never arrived and it has been over 3 weeks. Royal Mail aren't going to cover the 250 pound replacement handset cost and the free CPW Insurance that came with the contract won't cover it either, despite following all their directions such as getting a police report made out and telling us to put in a claim with RM and waiting for their response. After all the waiting and getting all the things they wanted, CPW then outright refused to replace the phone saying that it should be covered by Royal Mail. They are going to give me a replacement SIM so I can use my contract but I'm just a student and would never be able to afford to pay for that model of mobile outright. I have an old phone I can use but I still feel cheated. Why would CPW ask me to report it to the police and wait for RM's response if they never had any intention of replacing the phone? The irony is that if my sister had just told them that she lost the phone accidentally, they would have given her a new phone. But since we both tried to be good and honest by telling the truth, I am now suffering for it and I am locked in an 18 month contract now, which I was informed that I could not cancel unless I returned the handset - what part of "THE PHONE IS LOST" don't these poeple understand???!!! Anyway, just hoping that someone out there has some advice on whether I can get a new phone out of CPW or compensation from RM. Thanks!

[MARTIN3030]

Your posts moved here.
So looks like the issue is over who is liable for the loss?
It is one that maybe someone can answer here.

[buzby]

Unfortunately, the problem squarely rests with your sister. Why on earth did she send it Recorded Delivery? You'll have found that the maximum compensation payable is £32 for loss, and that is all RM are obliged to pay. IF she sent it by Special Delivery - at about £2-3 more, it would have been covered up to £250, more if an additional fee was paid.

As to CW asking for a police report etc, this will facilitate in getting them to have the phone blacklisted on the IMEI database and blocked from any usage in the UK, I don't make your connection that CW were leading you on if they weren't going to pay out.

It was RM that failed in their duty of care, however, unless the appropriate fee/service is used, compensation is limited, and whilst unfortunate for something so expensive, your sister should have found out the correct service to post it to you, and because she didn't, she won't be successful if getting anyone else to take this blame.

At least her heart is in the right place...!

[davethorp]

Buzby is bang on. Any item of value greater than £32 needs to be sent by special delivery.

Offers £500 of compensation as standard though not £250 (http://www.royalmail.com/portal/rm/c...diaId=22700554)

[poundsterling]

well talk talk actually, had to leave after three months of intolerable service.
never had an evening without interupted internet service, they never sent me a modem as promised, could never get through to technical support. and the so called . unlimited calls for 9.99 a month was very limited. after leaving i had to settle a termination fee for not seeing the year out. i paid out money for something that was promised but never delivered. neither product or service.
any suggestions how i get my money back, plus conpensation for the stress and problems caused with little or no internet access