Phone lost on way to repair shop

[deborahjane88]

Looking for some advice on what my rights are...

 

about 6 weeks ago i smashed my phone screen, and as i didn't have insurance found a repair company that would replace it. I paid them a small deposit and they arranged for a UPS courier to collect it from me and take it to their shop. Before it got to the shop the phone went missing (I assume stolen as they told me they found the empty box). UPS were investigating it, and told me i had to communicate with the repair shop directly and not them since they are the UPS customer and not me. So it's now way over the time limit UPS state they will investigate, but they wont tell me anything. Every time I call the shop they just tell me they haven't heard from UPS and can't do anything for me until they do.

 

So my question is are the phone shop responsible for compensating me or replacing my phone? I feel like i'm being fobbed off every time i call but it's difficult without knowing my rights. Can anyone help? Thanks

[joka007]

how long has it been since you brought it to their attention and/or UPS have started investigating

[deborahjane88]

It went missing on 21st March and UPS started investigating it the following week as I understand. I have been calling the repair shop roughly twice a week as they have not communicated with me at all about it. I last spoke to them about a week ago when they told me they should have an answer for me by Monday 5th at the latest bu they haven't been in touch.

[joka007]

Im no expert, but thats excessive time. on UPS site it says their search process usually takes seven to 10 business days.

which company (repair) is this + have you tried emailing-writing or is it just phone calls

[Sidewinder]

More than enough time to comply with UPS lost package procedures. Ask the repair shop for the UPS reference number and then consider a MoneyClaim for the value of the phone.

[deborahjane88]

Elite Phones and Computers based in Manchester. They have a lot of bad reviews online but because we went through a third party to find them we didn't see them. I did see that UPS say up to 10 days for an investigation, but when i told the repair shop they told me it's actually up to 28 days. I did point out several times that that's not what UPS website says but they just kept repeating the 28 days line... which we are now over anyway. So far have only spoken over the phone with them, although did get them to email me so that I had in writing that they were dealing with it.

[BankFodder]

This shifting of the burden on to the shoulders of the party who is officially "the customer", is a great trick for keeping out of trouble.

This kind of practice has been common with couriers, restaurants "you were only a guest - you didn't actually pay for the meal.), holiday companies ("... only the party leader can make a complaint ...") etc.

 

This stuff still goes on even though it is 15 years since the Contracts(Rights of Third Parties) Act 1999

 

Right of third party to enforce contractual term.

 

(1)Subject to the provisions of this Act, a person who is not a party to a contract (a “third party”) may in his own right enforce a term of the contract if—

(a)the contract expressly provides that he may, or

(b)subject to subsection (2), the term purports to confer a benefit on him.

(2)Subsection (1)(b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party.

(3)The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into.

(4)This section does not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract.

(5)For the purpose of exercising his right to enforce a term of the contract, there shall be available to the third party any remedy that would have been available to him in an action for breach of contract if he had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other relief shall apply accordingly).

(6)Where a term of a contract excludes or limits liability in relation to any matter references in this Act to the third party enforcing the term shall be construed as references to his availing himself of the exclusion or limitation.

(7)In this Act, in relation to a term of a contract which is enforceable by a third party—

 

• “the promisor” means the party to the contract against whom the term is enforceable by the third party, and
  
• “the promisee” means the party to the contract by whom the term is enforceable against the promisor.
  

 

 

If you think that UPS are a more vulnerable or accessible target, then go for them and refuse to be brushed off and referred to the repairer. - Or you could attack both.

[deborahjane88]

Latest update is UPS are telling me that the claim the repair shop put in was not approved due to being improperly packaged - it wasn't. They apparently sent a letter to the repair shop to let them know this on 31st March.

 

So I guess the phone shop have been fobbing me off, telling me UPS haven't got back to them so that they don't have to deal with it. They have previously said to me over the phone that if UPS do not approve the claim then they don't actually have to compensate me - surely that's not true?

[rebel11]

Hi deborahjane

 

How was the phone packaged? UPS are saying it was poorly packaged, they found the empty box, it sounds pathetic on the part of UPS, it sounds like it was stolen/lost in their care.

 

Firstly write a Formal Letter of Complaint , mark it as such. Explain what's happened (pick up phone deliver to shop), how they have let you down (lost phone) and what you want them to do (compensation).

Make sure you read Bankfodder's post - '7'.

 

 

Send it to:-

 

Ms Cindy Miller

President

UPS UK

cjmiller@ups.com

 

 

I think the shop have been foolish in not being totally upfront with you, telling you what UPS were saying ref 31st March. You should definitely get the deposit back and claim compensation.

 

The Supply of Goods and Services Act (1982) applies.