returned goods

[dar£n]

i have a problem with O2 destroying a handset that was returned to them in error. it was supposed to go to 3G Connections but i accidently put the label for the o2 sim card returns on the box.

I admit it was my error, they acknowledge receipt of the handset but say because it wasnt one of theirs they will not return it or compensate me, now saying the matter is closed as the handset has been destroyed.

they go on to say their scanning system would not have recognised it and it would have been destroyed as a security measure, BUT they clearly admit they have records of the SIM card being returned [in the same box] AND they have the phones IMEI Number on the goods received data.

My prob is because 3G havent had their handset returned they will not let me close the account, at a cost to me of over £500 over the 18 months.

The handset was a brand new Motorola A1000 SAT NAV phone which I find hard to believe that some idiot would destroy it, more likely keep it for themselves.

i have threatened with small claims court but they wont comment.

any advice out there?

[blitz]

Consumer Direct: Factsheet - Scams - Unsolicited gifts

I don't know if this applys to returning a product, but it does seem to fit in with unsolicited goods, in which as o2 is a business, they have a requirement to inform you, and retain the item for 6 months, before they can claim as theres and therefore destroy it.

[buzby]

They owe you a duty of care, we're not all perfect and they should have least contacted you - it wasn't their property to destrly, and they would have known this.

 

WRITE to O2 (with a copy to 3G Connections) saying that you require them to return your property at your expense (because of your error). If they are unable to do this within 14 days, you will be forced to raise an action for the cost of the handset, and recommned they pasds the matter to their insurers. Should you not receive a positive response by the relevant date, you will raise an action for recovery.

[dar£n]

WRITE to O2 (with a copy to 3G Connections) saying that you require them to return your property at your expense (because of your error). If they are unable to do this within 14 days, you will be forced to raise an action for the cost of the handset,

 

Thanks for the input, I have tried all of this, thro emails, telephone calls, in writing and their final answer is, "It was my error - they are not responsible" - They admit they have destroyed the handset as a security measure (yeh right!).

I have threatened with small claims but to no avail. Its annoying because theyve actually documented details of the handset in their possession but say returned goods sent in error are not their responsibility.

[callumsgran]

Then start a small claims court action now!

Just do it!

[buzby]

They have no defence, and the information they provided you is adequate evidence. Go to your local Court as soon as it opens and get the documentation filled in. It's amazing what a Summons can do to focus their attention. Call them and ask for the best address to serve a summond on the company - if they don't provide one, just servie it on their Registered Office address.

[dar£n]

My last communication with them stated I will give them until 07/01/07 to offer compensation or replacement, failing that then it will be passed to the small claims courts.

We will see.

Could you imagine if the situation was reversed, if i had admitted receiving goods delivered to my door in error, all hell would break loose if i told them i'd thrown it away cos it wasnt mine.

The idiots at 3G Communications are no better, they just keep saying because they have not had the handset returned within the 14 days then i am obliged to keep the contract running. £25 per month for 18 months - yeh great!. They did say I could purchase a NEW handset at a cost of £300 in order to make use of the contract. (HA!) or close the account at a cost of £550 (PMSL)

[buzby]

Even death's too good for them! The quicker you sort therm out, the better.

[dw190]

They have no defence, and the information they provided you is adequate evidence. Go to your local Court as soon as it opens and get the documentation filled in. It's amazing what a Summons can do to focus their attention. Call them and ask for the best address to serve a summond on the company - if they don't provide one, just servie it on their Registered Office address.

 

Just serve it on the Company Secretary at the Registered Office Address.

 

Issue it at your local court (Defendant Companies cannot transfer to their local court like an individual can)

[buzby]

The idiots at 3G Communications are no better, they just keep saying because they have not had the handset returned within the 14 days then i am obliged to keep the contract running. £25 per month for 18 months - yeh great!. They did say I could purchase a NEW handset at a cost of £300 in order to make use of the contract. (HA!) or close the account at a cost of £550 (PMSL)

 

To be fair to 3G Comms, this is a seperate issue, and their arrangement is valid. They give you the 14 days and if you do not return the item, then the contract is confirmed and the liabilities as well as the benefits then apply. You will have success against O2 for the destruction of your property, nut NOT against 3GC, if you still have their SIM, I'd start using it in another phone so as not to lose any bundled minutes, if not, you'll need a replacement SIM asap, and use it on a spare handset. You will have no right of set-off against your contract, even thought O2 destroyd the phone, unless you can suceed in a consequential loss claims as part of your action against O2, and that might not be easy. Getting the value of the phone back, however will be.

[dar£n]

Cheers Ray, I know what youre saying about 3GC, it was just annoying with their attitude, a case of not their problem - go away!.

If I get the replacement value of the phone back from o2 I will be happy, at least then i can credit it to the 3G account to help out with the costs.

SIM card was returned with the handset and has since been suspended by 3GC.

[buzby]

Oh - now if 3GC has suspended the SIM, then there's an opening to allow you to get out of the contract (depending on how they did it). With no access to the benefits of the contract SIM, they'd be hard pressed to enforce the contract conditions - a good check is to dial the mobile number they issued. Is it unobtainable or ringing out/voicemail? If the former, the SIM isn't live on thew network (perfect!) but if the latter, then you're still liable but the SIM is blocked. IF the account is still 'live' then you cannot really dispute it, but theres a slight chance that despite what they tell you, the phone SIM is offline and pending the return of the handset or value thereof.

[dar£n]

Buzby,

Interesting comment about the SIM being switched off.

Ive just called the number and received the following automated response.

" The number you have dialled cannot accept this call "

To me this sounds like its under suspension, what dyu think?

 

 

[buzby]

I hate it when they change the messages! The short answer is I don't know. It sounds that a bar has been placed on the account.... and this could mean the bar is in placed until the account is restored to good standing, not reallt what you wanted - a call to the network might reveal more...

[dalemiles]

Could you imagine if the situation was reversed, if i had admitted receiving goods delivered to my door in error, all hell would break loose if i told them i'd thrown it away cos it wasnt mine.

 

Im currently in a simular boat,

But im not a company whos received goods, so the law is on my side, well at least i belive, i would love some help please see my thread:

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/56443-received-wrong-goods-where.html

[dar£n]

Had a telephone call from O2 Customer Relations stating they confirm the handset has been destroyed by their returns department but are claiming it was done so because there was no paperwork to support the returned goods.

I said I'd hardly return the handset in order to cancel the contract with no paperwork would I?

They are prepared to off me a Motorola K1 as a good will gesture.

I have told them to put it in writing and I will respond within 14 days after seeking advice.

 

So if anyone out there is clued up on this subject get back to me.

I am prepared if necessary to accept the phone as a partial settlement and continue my claim for compensation , as we do with barclays bank charges etc.

help!

[Movingon]

Had a telephone call from O2 Customer Relations stating they confirm the handset has been destroyed by their returns department but are claiming it was done so because there was no paperwork to support the returned goods.

I said I'd hardly return the handset in order to cancel the contract with no paperwork would I?

They are prepared to off me a Motorola K1 as a good will gesture.

I have told them to put it in writing and I will respond within 14 days after seeking advice.

 

So if anyone out there is clued up on this subject get back to me.

I am prepared if necessary to accept the phone as a partial settlement and continue my claim for compensation , as we do with barclays bank charges etc.

help!

 

I've no idea what your previous handset was; but as a 2.75G handset, the K1 is very very good. I gave back a Samsung D830 for a K1...

 

Obviously if this is nowhere near as good as your old handset I would decline the offer and proceed with your Action.

[dar£n]

stonelaughter,

My lost handset was a motorola a1000 sat nav jobby, 3G comms say to replace it would cost me over £300.

[Movingon]

stonelaughter,

My lost handset was a motorola a1000 sat nav jobby, 3G comms say to replace it would cost me over £300.

 

Well, my K1 SIM free comes in at £254.95 (from various operators). I would continue to pursue them for the replacement of the phone or equivalent in cash - and if that means court action then so be it. Conduct ALL your business with O2 in writing from now on - don't even enterain the idea of talking to them on the phone. Also I would write to 3G and ask them for a replacement SIM, as O2 have destroyed yours. Also explain that you're hoping to gain a replacement handset from O2 as they destroyed it without authority and would they be willing to suspend the contract pending the outcome of these negotiations, of which you will keep them fully informed.

 

If you're going to be bound by an 18 month contract, you may as well get the full benefit from it - yes? Thereafter, make sure that you send periodic updates to 3G on your negotiations with O2 including any court action.

[dar£n]

spooky, i was on the phone to 3G when your post came through.

They are issuing a new sim card to the cost of £5.00, [they reckon it should have cost £17.65].

explained the situation with O2 and you know what they were not concerned.

I asked for the value of the A1000 = £370.

 

at least im getting somewhere now, last week i was told 'you snooze, you lose' sort of thing.

[buzby]

The Motorola a1000 is a fine handset, and unlike Tom, I'd much prefer it to a K1 due to the improved screen size and Symbian software capability. But, this isn;t the issue is it?

 

You were terminating your arrangement with 3G Connections and returning the phone to them, so I would have thought you should check with Simply to say that O2 are offering to replace the phone they 'destroyed' and are offering a replacement... would THEY take a new boxed K1 to end the dispute? If they do, go ahead, if not it's back to the drawing board.

[Movingon]

The Motorola a1000 is a fine handset, and unlike Tom, I'd much prefer it to a K1 due to the improved screen size and Symbian software capability. But, this isn;t the issue is it?

 

You were terminating your arrangement with 3G Connections and returning the phone to them, so I would have thought you should check with Simply to say that O2 are offering to replace the phone they 'destroyed' and are offering a replacement... would THEY take a new boxed K1 to end the dispute? If they do, go ahead, if not it's back to the drawing board.

 

Ah? I never said I'd prefer the K1 - I said that as a 2.75G handset the K1 is a fine phone - which it is. However I also (once he said it was an A1000) told him to continue to pursue O2 for a replacement or refund.

[dar£n]

update,

Its amazing what happens when you put the pressure on.

Phoned O2 Customer Relations Serious Complaints Dept and asked for a certain operator. I was told he was 'too busy' and could he call me back.

I said "No, you can help! All I need is the address to issue a court summons on O2!,

she said "Oh youve had a court summons?"

I said "NO, Im taking YOU to court",

"Please hold"

"Oh he is free now and would like a word"

"Hi how can I help you?"

" I want your address to issue you with a court summons"

"ermm, oh, erm did you get my letter dated 15th?"

NO! this is why we are going to the next stage"

"oh you should have received my offer of settlement in the post - I will re send it by first class post"

"OKAY..... And that address is???"

"okay its Head office.. blah blah.. but you wont be needing that will you ??"

"That depends on what is in your offer now doesnt it? - you will be hearing from me within 14 days of receipt of said letter, goodbye"

It felt good having THEM on the receiving end for a change.

Looks like there'll be another £500+ coming my way soon...

[Movingon]

Hehehehe - lets hope he wasn't just trying to string you along then! Have you sent an LBA? If not Send it at the end of the week if you've received nothing... then issue your claim at the end of the deadline in the LBA.

[dar£n]

Got the letter as promised - It actually says "sorry we destroyed you motorola A1000, ......."

More defence for me.

stuff it im going for sh*t or bust.