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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66747
Experience:  Qualified Solicitor
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I ordered a phone online and when it gt delivered only box,

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Hi i ordered a phone online and when it gt delivered only box, headphones and charger were there and the phone was gone
JA: Where are you? It matters because laws vary by location.
Customer: manchester england
JA: What steps have you taken so far?
Customer: the company did a investigation where they weighted the package and it was good from the company to the delivery and when it left the delivery however dpd driver must of stole it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: its been 7 months

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What would you like to ask about this?

Customer: replied 13 days ago.
basically, im paying for a phone that is not in my hands as it had been stolen from the box on the way
wherever i rang currys they said that they have done the most they could as they weighted the parcel
Customer: replied 13 days ago.
i need help as it has been 7 months and nothing has happened and im still asked to pay for the phone

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Your rights are specifically against the seller. They may have sent the phone and it may have gone missing on the way, but as far as you are concerned, you never received it so technically they have not fulfilled their part of the sales contract. If it is likely that the courier has stolen it then this is a matter between the courier and the seller – not between you and the courier, as you have no contract with them.

So you have to pursue the seller for not fulfilling their contractual obligations and in turn they have the option of chasing the courier for compensation.

If you wanted to take it further then you would be seeking compensation for the value of the phone against the seller. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 13 days ago.
the delivery was delivered with a signature however when we opened the package the phone was not there. Would the same rule apply?

You are not legally obliged to check the package before you accept it unless it was a specific condition of the purchase. So assuming that was not the case the earlier response applies. Does this clarify things a bit more for you?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 11 days ago.
you have answered my question thank you

You are most welcome

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