Mobile phone delivered to wrong person - delivery to wrong address person

[polaroid]

Hello,

 

My phone was delivered to my address and signed for by the wrong person.

I managed to get company to send me a new phone. It took more than 5 hours on the phone and research but they changed from "it is my (consumer) responsibility" to "we are very happy to deliver your phone tomorrow" in 1 second.

 

The story is long, but worth a read if you are experiencing similar problems. Save yourself sometime, I wish I had more guidance and didn't have to find out by myself! I am not a lawyer and I am sure there are some things which the company could have argued back, but they chose not to. It worked for me.

 

Good Luck!

 

- Received text from UK mail advising my package will be delivered on Friday 5th July 2013 between 12:00 and 16:00.

- Package was delivered after 17:00, beyond the period notified by the company, and signed for by “X”.

- On 9th July I called EE and was informed my parcel was delivered to "X" but then returned to UK Mail. Give 7 to 10 days for the phone to turn up and call again.

- Call Costumer Services on Friday 19th July. Case heard by “Y”. On my behalf, he fills in a disclaimer where I assure that although the mobile was signed for, I have not seen it or received it. He then reassures me a replacement will be sent after the investigation procedure takes place and the investigation team will contact me.

- Call Costumer Services on Friday 26th July 2013 as my mobile phone has stopped working. I am informed my T-Mobile SIM card has stopped working (standard procedure) and I have to go to a store for a £10 replacement.

- Contrary to that which was discussed with “Y”, I am the one that I should take action with the parcel company trace the mobile phone.

- I have read EE’s terms and conditions and there was no provisions for delivery, nor there is an option for the costumer to choose a preferred courier service thus engaging with EE's preferred service provider. Their website only declares:

 

§ If UK Mail tries to deliver when no one's there to receive it, the driver will leave a card with details of how to re-arrange your delivery time. They’ll automatically try again on the next working day, after which the parcel will be held for a further five days before being returned to EE. You’ll need proof of ID to collect your delivery.

 

- UK Mail Terms and conditions declare:

 

§ 8.3 For the avoidance of doubt, delivery to the Delivery Address (or alternative address) means we will deliver only to the postal address. We are not obliged to deliver Consignments to a particular part of a property or location within the property at the Delivery Address, or otherwise deliver personally to the Consignee and we are not liable in respect of any Consignment delivered to the Delivery Address, or any other address specified by you (or the Consignee), or a nearby address pursuant to clause

 

- By delivering to “X” UK Mail have apparently fulfilled their contractual obligation to EE. This is pending further investigation of the Sale and Supply of Goods Act to Consumer Regulations 2002 and the Unfair Terms in Consumer Contracts Regulations 1999, which may cause UK Mail Terms to be invalid.

 

- According to Section 5 of the the Unfair Terms in Consumer Contracts Regulations 1999

§ 5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

§ (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

§ (3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

§ (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

-As declared before, I was not offered a chance to negotiate the delivery of my mobile and was imposed a Third Party’s Terms and Conditions without an opportunity to negotiate them.

-I have entered in a contract with EE, a mobile provider, not UK mail, a courier service.

- The courier contract is between EE and UK Mail thus, EE should trace the parcel, not myself.

- In my view, it is EE’s duty to provide me with the appropriate device to use their mobile services.

- According to advice given by the Citizens Advice Bureau to others, EE is “in breach of contract and that (I should) demand that (you) provide you with the phone as agreed”.

- According to EE’s Terms and Conditions, point 5.7. “We (EE) will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.”

- I believe the correct delivery of my mobile device was an action within your control as you should have assessed the courier’s T&C to determine whether they would assist you in fulfilling your contractual obligations with me.

- UK Mail declare: “EE have not provided UK Mail with appropriate apartment number, hence UK Mail could not deliver parcel and delivered to any person on the address without the proof of ID required”

- Concierge identified colleague as “X”. He signed received and kept delivery. The delivery did not have a flat number. It is against their company policy to accept and keep packages which are not clearly identified.

- "X" made these terms clear to UK delivery man who said to keep the parcel for 24 hours and then send it back.

- “X” returned parcel on Monday 8th of July at 11:00 to a UK Mail representative, who did not sign or provided any receipt. "X" did not witness the UK Mail representative scan the package.

-EE Insist mobile was delivered to my address, even when it was incorrect.

-Quoted:

§ Section 29 Sale of Goods Act 1979 4) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges to the buyer that he holds the goods on his behalf; but nothing in this section affects the operation of the issue or transfer of any document of title to goods.

 

-EE failed to provide accurate address. Phone delivered on terms I did not expressly agree to and were not negotiated, under a standard contract between EE and a third party. This makes terms unfair as I was not made aware, and were not negotiated. Third party (UK Mail) is not acknowledging possession of handset as they declare delivery has taken place.

-Third person, by signature, for UK Mail acknowledged possession but has returned package.

-After long discussion and quoting my rights, EE magically arranges next delivery to be signed for by me.

-Legislation is magic.