Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

New iPhone delivered to old address, now phone has gone missing


AngCol
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4197 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

my son ordered a new iPhone on contract to the 3 network.

Between ordering it and the eventual delivery, my son changed address but notified 3 of this asap because of the expected delivery of the new phone. To cut a long story short, the phone was sent out to the old address and it has now gone missing, presumably stolen by the person who signed for it on delivery. According to the carrier's records, they were able to provide a name and description of the person who signed for the package, and it sounds like it was my son's ex-landlord, who has conveniently denied all knowledge. My son has given all this information to 3 when he requested them to put a block on the phone.

 

The problem is that he is still being charged monthly even though he has no phone, and every time he contacts 3 on their robotic Indian call center, he keeps getting fobbed off by being told that he will receive a call from another department here in the UK, which he hasn't yet, despite it being weeks since it happened. I suspect 3 are quite happy to keep on receiving the monthly payment from my son, even though he has no phone, and they have told him that he cannot stop the contract either.

 

Can anyone here tell me what is likely to happen next, or where is best to complain about this disgraceful service as my son is at his wits end and getting nowhere with these people. :-x

Link to post
Share on other sites

all i can add is write to them you will get no where talking to them on the phone send it recorded delivery or keep proof of posting

 

I had a similar problem with 3 a few year ago. I decided I didn't want to stay with them and sent the phone back within the cooling off period. However they claimed they had never received the phone and proceeded to continue with the cancelled contract. I rang them constantly but like the OP, the operators seemed to be following a scripted flow chart, coupled with the fact they couldn't understand my Scottish accent, I got nowhere.. They said i shouldve sent it it back special delivery and recorded delivery was not a recognised or secure method. I had to repeat the same story over and over and over..I was

actually considering flying to India to personally ram the

proof of posting right up their bums. My account was

passed to a H3G debt/solicitors for recovery. It was only

when I spoke to a rep with a bit of common sense did they admit they had received the phone. It did linger on for about 3 months and it's on my credit file as 2 months late payments. My advice it to write to H3G directly

Three Customer Complaints

Hutchison 3G UK Ltd,

PO Box 333

Glasgow

G2 9AG

(recorded delivery)

Tel: 0845 373 3333 (UK based)

scotgal 

Link to post
Share on other sites

Angcol, I would personally write to Three recorded delivery.

You had a contract with three to provide a new iphone, They failed to delivery on that contract.

 

How much notice did Three receive regarding the change of address?

Is your son paying for the contract now?

 

I personally would write explaining there is no contract as the Iphone wasn't delivered to ME, Depending on how much time Three

had regarding the change of address (24 hours at least) then the problem is theirs.

THEY need to contact the courier company and the police to file a claim of theft.

Any contract that is currently been paid for I would stop immediately until such time the product ordered is received.

 

George

Link to post
Share on other sites

I had a similar problem with 3 a few year ago. I decided I didn't want to stay with them and sent the phone back within the cooling off period. However they claimed they had never received the phone and proceeded to continue with the cancelled contract. I rang them constantly but like the OP, the operators seemed to be following a scripted flow chart, coupled with the fact they couldn't understand my Scottish accent, I got nowhere.. They said i shouldve sent it it back special delivery and recorded delivery was not a recognised or secure method. I had to repeat the same story over and over and over..I was

actually considering flying to India to personally ram the

proof of posting right up their bums. My account was

passed to a H3G debt/solicitors for recovery. It was only

when I spoke to a rep with a bit of common sense did they admit they had received the phone. It did linger on for about 3 months and it's on my credit file as 2 months late payments. My advice it to write to H3G directly

Three Customer Complaints

Hutchison 3G UK Ltd,

PO Box 333

Glasgow

G2 9AG

(recorded delivery)

Tel: 0845 373 3333 (UK based)

 

In your position I would write again, tell them to remove the negative markers as they are not a true reflection of how you ran your account, and if you were to take this to court they would award you serious damages. Ask them to allow you to escalate the complaint and see how they reply.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Angcol, I would personally write to Three recorded delivery.

You had a contract with three to provide a new iphone, They failed to delivery on that contract.

 

How much notice did Three receive regarding the change of address?

Is your son paying for the contract now?

 

I personally would write explaining there is no contract as the Iphone wasn't delivered to ME, Depending on how much time Three

had regarding the change of address (24 hours at least) then the problem is theirs.

THEY need to contact the courier company and the police to file a claim of theft.

Any contract that is currently been paid for I would stop immediately until such time the product ordered is received.

 

George

 

 

Hi,

and many thanks to all those that have replied to my thread.:-)

 

George, 3 were aware of the change of address before they sent the phone out, as they sent my son a letter to his new address before they did that. What basically happened was, my son had ordered a new phone while still at his old address, the phone delivery didn't happen when expected because of a delay at their end. In the meantime my son had to move to the other end of the country because of his job. He received correspondence from 3 at his new address (proving that they knew by this time), but despite that, it got sent out to his old address??? My son is still paying the contract though, as he doesn't want a default against his name, and he was also told that he couldn't cancel the contract either.

 

He is now going to escalate it to a complaint (on their website and also in writing), as he was told he would be contacted by the executive, and he is still waiting............................:mad2:

Link to post
Share on other sites

This is the best online form for your son to fill in...

 

https://www.three.co.uk/Support/Contact_us/Complaints_code_form

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Thank you for the link.

 

I don't know why it has already taken weeks to get to precisely nowhere as they don't appear to even be acknowledging his calls now. Does it normally take weeks for the executive to get in touch? They have evidence from the courier that the delivery was signed for by a 50 year old Asian man at the old address when my son is white and in his early 30's. He can also prove he was sitting at his desk many miles away at work at the time they say it was delivered, so what more do they want for heaven's sake??? I think 3 is the last network my son should be stuck in a contract with, but he would be happy to receive his phone and carry on as normal just for a quiet life.

Link to post
Share on other sites

My son received his long awaited call from the executive this afternoon.

Basically he was told in a rude manner that it was all his fault because he didn't give them enough notice of the change of address, funny yet they managed to send a letter to him at the new address dated two days before the delivery took place at the old one. He was also told that he wouldn't be receiving a replacement phone from them, and that it was his responsibility to inform the police that the phone has been stolen.

 

He also has to carry on paying for the contract, which was started in September, and I gather that with the deposit for the phone and two months payments, he is around ninety pounds out of pocket so far.

 

What would the alternative be now please? Is it the Ombudsman, or small claims court?

 

Would very much appreciate some good advice here.

Link to post
Share on other sites

I would write again asking for a DEADLOCK letter. Keep pushing for the complaint to be escalated to the ombudsman at every turn. Is I read it it was 3 that missed the deadline for your son moving... don't allow them to push you around, and if they phone ask them to confirm what was said in writing.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

I would write again asking for a DEADLOCK letter. Keep pushing for the complaint to be escalated to the ombudsman at every turn. Is I read it it was 3 that missed the deadline for your son moving... don't allow them to push you around, and if they phone ask them to confirm what was said in writing.

 

 

Thank you for your reply Locutus.

You are correct in saying that they missed the first deadline for delivery. I am also a bit confused about them saying they weren't given enough notice of change of address when they were already sending correspondence to the new address. According to them, they will treat him as if he received the phone, and if they get their way, he will carry on paying monthly til the end of this newly taken out contract. I'm disgusted and at the end of my tether, as I suspect this will turn into a long drawn out dispute.

Link to post
Share on other sites

Hi

 

Just me thinking aloud so please bear with me as I think this may also be a breach of contract by three:

 

1. They ordered the phone contracted to three.

2. Three failed to uphold its initial promised Delivery Date.

3. Three were informed of New Address and confirmed this in writing.

4. Three failed to notify its courier of the new Change of Address.

5. Three courier delivers Phone to Old Address and hands it over to an Unknown Person without Proof of Identity.

6. Three has failed in its duty to deliver said phone by the failure to inform Courier of Change of Address and their Courier handing over the phone to an Unknown Person without Proof of Identity.

 

Hit them with that and see what they say.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

OR LBA for the price of the handset that they have not sent, then take them to court for this amount and buy a handset yourself (unlocked preferably so that at the end of your minimum term you can PAC your number to a decent provider)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

Hi

 

Just me thinking aloud so please bear with me as I think this may also be a breach of contract by three:

 

1. They ordered the phone contracted to three.

2. Three failed to uphold its initial promised Delivery Date.

3. Three were informed of New Address and confirmed this in writing.

4. Three failed to notify its courier of the new Change of Address.

5. Three courier delivers Phone to Old Address and hands it over to an Unknown Person without Proof of Identity.

6. Three has failed in its duty to deliver said phone by the failure to inform Courier of Change of Address and their Courier handing over the phone to an Unknown Person without Proof of Identity.

 

Hit them with that and see what they say.

 

Yes, that is more or less correct.

The courier was able to provide a description and the signature though, and my son recognised this as being his ex-landlord, although he has denied receiving the delivery. They are also now saying that it is my son's responsibility to inform the police about this.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...