Lost Phone complicated issue

[thecookiemonster]

Recently, I purchased an iPhone from Cash Converters online, it was locked to EE.

I attempted to get it unlocked on Ebay,

was told they couldn't do it

I have a Vodafone pay monthly sim

I couldn't change network,

 

I had two options,

return it under the 14 day return policy with Cash Converters or sell it.

I sent it to Music Magpie to sell,

only to be informed that it was lost or stolen,

 

I contacted CheckMend who confirmed that it isn't lost/stolen but it is under AssetWatch,

meaning it was purchased from EE and is under 6 months old,

technically EE still own the phone.

 

CheckMend sent me an email to send to Music Magpie informing them to send the phone back to me as Music Magpie stated they would dispose of the phone within 14 days.

I informed Cash Converters of this,

they apologised and stated that when Music Magpie sent it back to me,

I can send it back to them for a full refund.

However,

this is the important bit,

Music Magpie sent it back to me on Wednesday via Royal Mail Tracked 48 hour delivery,

 

I received a delivery notification on Friday morning that it had been delivered.

but no-one knocked here or attempted to deliver,

there's no signature

it seems it is tracking only,

but the phone has gone somewhere else.

Music Magpie put the correct name and postcode,

but they only put the street name and not the house number,

Royal Mail have delivered it to someone else,

 

why would Royal Mail even attempt to deliver an item that they aren't sure as to where it was going?

And the postman would have had to have picked a random house to deliver it to,

why didn't Royal Mail hold it until they could confirm the actual address?

Music Magpie have apparently logged it with Royal Mail for an investigation,

however, if I don't receive the phone back, I expect Music Magpie to pay me fully for the phone,

 

I take it that I can start a small claims action against them if they don't refund me?

Thank you for your time and I hope for some answers to assist me in this matter.

[fkofilee]

Yes you can take action against MusicMagpie and would be expected too - They are the ones who source sending items via Royal Mail. 

What value would you be claiming for?

[BankFodder]

Yes, this is certainly complicated. As you realise now your best move would have been to return it immediately to the seller for a refund.

You say that music magpie were going to dispose of it after 14 days – they would not be entitled to do this. These kinds of threats make me suspicious about companies like this.

I have looked around for reviews about Music Magpie and although on trust pilot it all seems to be excellent, elsewhere – and also the negative reviews on trust pilot seem to tell the same kinds of stories.

I don't know if you have looked at our sub- forum dealing with cash4phones - https://www.consumeractiongroup.co.uk/forum/309-cash4phones-devicebuyer-and-other-mobiles-to-cash-companies/and although there is no suggestion that music magpie is operating at all in the same way, these kinds of mobile phone purchase schemes which are operated online seem all too often to end up in tears.

Yes you can certainly sue music magpie. Frankly I would get started and send them the letter of claim without hanging around.

Presumably you have got good evidence of the incorrect addressing

[thecookiemonster]

Thank you for the replies, yes, I received an email on Friday stating the address that they had sent it to and there was no house number, so that will be good enough.

 

I could do without the hassle, I think Royal Mail have messed up by delivering it to a random house, I have no idea why they have done that, surely you would hold onto it before just delivering it to any house on my street, which is quite big. It's also a shame that the person who has got it has been dishonest and committed theft, police should be involved in something like that.

Edited October 28, 2019 by thecookiemonster

[thecookiemonster]

I have sent a letter before action, I am claiming for the full amount that Music Magpie would have paid me for the phone.

[PIXeL_92]

45 minutes ago, thecookiemonster said:

I have sent a letter before action, I am claiming for the full amount that Music Magpie would have paid me for the phone.

I personally would be claiming for the cost of what it would cost you to replace that handset before you sent it to them as I imagine that will be a higher amount than what they would pay out for it.

[thecookiemonster]

Ok, can I change that, or is it too late now that I have asked for the amount that they were due to pay me?

[PIXeL_92]

Just now, thecookiemonster said:

Ok, can I change that, or is it too late now that I have asked for the amount that they were due to pay me?

I am not 100% sure, that would be a question for @BankFodder

[BankFodder]

10 minutes ago, PIXeL_92 said:

I personally would be claiming for the cost of what it would cost you to replace that handset before you sent it to them as I imagine that will be a higher amount than what they would pay out for it.

 

Correct - and no it is not too late.

Send another LBA.

 

Why didn't you ask us about this before you started? 

[thecookiemonster]

Sorry BankFodder, I thought I could only claim for what they were supposed to have paid me, also, there's so many different prices online, which do I go by? New or refurbished etc?

 

Thank you.

[thecookiemonster]

On Amazon etc, a new one is £899, a refurb is £504.

[PIXeL_92]

99% of good are considered 2nd hand from Cash Converters.

 

How much did you pay for the phone from Cash Converters and do you still have the receipt ?

 

What you could do it go onto;

Music Magpie

Envirofone

Mazuma

 

Search for your phone ie iPhone 7, Gold, 32GB in Good Condition and then take the mean price from those 3 2nd hand / refurbished phone resellers and ask for that or even for them to just replace yours out of their stock.

[thecookiemonster]

I paid £350 for the phone from Cash Converters, I still have the online receipt.

[PIXeL_92]

Just now, thecookiemonster said:

I paid £350 for the phone from Cash Converters, I still have the online receipt.

 

Could you answer the following;

Model -

Storage -

Network -

Colour -

 

Cheers

[thecookiemonster]

iPhone X 64GB Silver, it was on EE but it needs to be Vodafone or unlocked.

[thecookiemonster]

On Music Magpie they are selling a very good condition one for £539.99, the one sent to them was in very good condition.

[PIXeL_92]

These are their prices;

Going off of iPhone X 64GB EE in good. I selected EE as that is what the phone was on even though you need it on Voda or Unlocked. Then good because the amount of stories you hear where someone sends in a near pristine phone for a sudden mark to appear causing it to drop a grade, when you first had it booked in to trade before they lost it did they inspect it and give it a grade or did it not get that far ?

 

Mazuma - £489.99

Music Magpie - £489.99

Envirofone - £469.99

Edited October 28, 2019 by PIXeL_92

[thecookiemonster]

No, they didn't grade it but i took photos to prove it was in excellent condition, just for proof and to make sure it wasn't downgraded by them when they received it and I even put a note in with the phone stating i had taken pictures for my information and incase there were any issues.

Edited October 28, 2019 by thecookiemonster

[thecookiemonster]

Thanks, it was in excellent condition, so going by prices online and going by Music Magpie's prices, it's £589.99

[fkofilee]

Hmmm... So where are you up to at the moment. Summarise it for me - I buy and trade stuff like this all the time - Maybe I can help?

 

 

[thecookiemonster]

Looking online, it's around £589.99 to replace the phone, so I intend to send an updated letter before action for that amount very shortly.