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Phone not delivered - signed for by anonymous person. nowhere to be found

I had taken out a mobile phone contract with Virgin Mobile on 1/1/2020 as I was in need of an upgrade. The offer I was most interested in was the Huawei Nova 5T with free FreeBuds 3 on a 36month contract at £23 per month (https://www.virginmedia.com/mobile/pay-monthly/huawei/nova-5t-freebuds?contractDuration=36&tariffID=...). I was due to receive my new phone at my home address (they would not deliver to my work address for legal reasons which they did not go into detail about) on Saturday 4th January 2020. I was given a Yodel tracking ID which allowed me to view the current location of the driver and which position I was in their deliveries.

At 10am I was awake and kept regular checks on my order. At 11:00, I was only a few deliveries away. I 'received' my parcel at 11:29 and had a Virgin Mobile notification to my current phone at 11:38 to confirm it was signed for by my neighbour. I have a clear view of the outside of my building. Not once did I see a delivery driver, nobody even attempted to knock my door, or call me as I had requested. Total incompetence on Yodel's part.

I was unhappy to discover that not only had my neighbour not claimed to have received my parcel, but also any of my other neighbours and local business in the immediate area. On contacting Yodel twice for up to 20 minutes a time, I was told I they would question the driver on his return and call me back. I received no such call.

Immediately after first contact with Yodel, I contacted Virgin Mobile to notify of the missing package and they informed me they would be contacting the courier to investigate the reasons why.

I received no more contact until I decided to call Virgin again on the evening of Thursday 9th January. After a 18 minute phone call, I lodged a complaint and my investigation was to be escalated and to expect a call within 48hrs. I then had to once again contact Virgin Mobile on Sunday 12th as they still had not contacted me. It was on this call that I had had enough of their incompetence, and lack of communication that I gave an ultimatum: as I had still not received my phone, neither had any affirmative actions been taken, that if I did not hear back with their 72hr time window, I would be terminating my 'contract'.

I also had to call Virgin Media again, on Wednesday 15th, and having had no resolution in effect or even any attempt at an apology or to issue a replacement handset, I was forced into cancelling my yet to be activated contract, with immediate effect.

Today, Friday 17th, is the 5th call I have had to make to Virgin, and things are still no clearer. All I ever get is an outsourced script reader with notes that don't amount to anything, and I have to go over the entire timeline every single time I call. It's an atrocity.

I have now had 2 payments taken from my bank. I am constantly told there is an 'ongoing investigation' and that funds will continue to be taken until they finish their investigation, which could be any time at all.

I am absolutely not happy with how my situation has been handled by all parties and that I am constantly being told it's 'being escalated, someone will get back to you' (which never happens) and they are investigating.

My first encounter with Virgin Mobile has been soured and I would like an explanation and apology for how I have been treated. 

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Re: Phone not delivered - signed for by anonymous person. nowhere to be found

Are you paying by DD. Don't cancel them completely but get the bank to recall the funds for not supplying the items paid for.

Virgin are often quite tardy in dealing with these sort of complaints.

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Re: Phone not delivered - signed for by anonymous person. nowhere to be found

I will be sure to. What about any future deductions?

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Re: Phone not delivered - signed for by anonymous person. nowhere to be found

I'm not well up on these things I'm afraid. Hopefully it will be sorted before then. 

Hopeful someone on the team here will be able to reply

 

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Re: Phone not delivered - signed for by anonymous person. nowhere to be found

You have some protections under the Consumer Rights Act 2015: http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Section 28 of the Act, Delivery of goods appears to be most relevant in your case.

(1)This section applies to any sales contract.

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

(10)If subsection (6) or (8) applies but the consumer does not treat the contract as at an end—

(a)that does not prevent the consumer from cancelling the order for any of the goods or rejecting goods that have been delivered, and

(b)the trader must without undue delay reimburse all payments made under the contract in respect of any goods for which the consumer cancels the order or which the consumer rejects.

(11)If any of the goods form a commercial unit, the consumer cannot reject or cancel the order for some of those goods without also rejecting or cancelling the order for the rest of them.

(12)A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

(13)This section does not prevent the consumer seeking other remedies where it is open to the consumer to do so.

(14)See section 2(5) and (6) for the application of this section where goods are sold at public auction.

Also see guidance here: https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act under Delivery rights.




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Re: Phone not delivered - signed for by anonymous person. nowhere to be found

Hi, and thank you for the reply. I'm not very well educated when it comes to law. Could you maybe put it into Layman's terms please?

 

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