@BankFodderThanks!

The court case was yesterday so I haven't received the payment yet. DPD have 14 days to make the payment.

Yes, I'll look into getting the transcript for you.

Hi guys,

I brought a mobile phone contract from iD Mobile with next day delivery by DPD (Dynamic Parcel Distribution).

After I made the online order I changed my mind and contacted iD Mobile's webchat to find out the best way to cancel the contract. The advisor suggested that I refused delivery to speed up the return process. Looking back, this was bad advice as I should have accepted the package and then started a return request... Hindsight is a great thing!

The next day I told the DPD delivery driver (Hamad at DPD in Enfield) that I was refusing delivery and that he should return the phone to his depot.

He then proceeded to take a photo of the package in my doorway and took it away. At the time of thought nothing of it but later on I found out that wasn't the correct procedure for refusing delivery. He shouldn't have taken a photo.. Needless to say, the package mysteriously went missing without a trace!

This was the start of a 10 month battle between iD Mobile, DPD and myself as iD Mobile were demanding £900 plus the 24 months line (£41.02 per month), total: £1,884.48 to have the contract cancelled.

After the incident I recorded every conversation I had with iD Mobile and DPD, and in one of the calls with a DPD customer services advisor, she admitted that the delivery driver incorrectly marked the package as delivered. Strangely, after this call, this information was changed on DPD records. Their notes didn't mention anything about the advisor admitting that the delivery driver incorrectly marked it as delivered... They should be ashamed of themselves!

Ultimately, the recording I made was the proof I needed to beat DPD in court and receive a £1360 payout.

The main reason why I'm posting this message is to highlight a law called 'Torts (Interference with Goods) Act 1977' which means even if you do not have a contract with the delivery company, you can still sue them if the package goes missing or is damaged and they refuse to take responsibility for it. Also, record every conversation you have with every party.

If this information helps just one person, I'm pleased I posted it!

@Ethel StreetStreet

Thank you for letting me know.

Ok, thank you.

Ok, thanks for your advice. 

Its been very helpful.

What is the next step you recommend I take?

Do you know where I can find a solicitor who deals with this type of case?

Yes, ID Mobile said that this is a civil case between DPD and myself. I don't agree with this because the phone was never in my possession.

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!

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.

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. 

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.

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

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.
 

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. 

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

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

 

Re: Missing return ID Mobile phone - Ref: 15500699561426

 

C

[email protected]









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.

 

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. 

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

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.