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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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I am writing in regards to a phone I purchased online but

Customer Question

Hi, I am writing in regards ***** ***** phone I purchased online but was delivered to a wrong address, and my neighbour whom the phone was delivered to claim to have returned the phone, however, the company 3mobile are asking me to pay the money
JA: Where are you? It matters because laws vary by location.
Customer: I am in England
JA: What steps have you taken so far?
Customer: I have contacted them several times and even took the case to Ombudsman but we were unable to reach a positive conclusion on the case
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's basically everything
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 17 days ago.

How much was the phone? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 17 days ago.
The phone was on contract for £31per month.
Customer: replied 17 days ago.
No, I can't afford that price
Expert:  Ben Jones replied 17 days ago.

Thank you. Why was it delivered to the wrong address – did you out in the wrong details, or did they deliver it to the wrong place?

Customer: replied 17 days ago.
No, I took the contract over the phone but the operator put in 35 instead of 25, so they deliver it to No 35 who happened to return the phone to them since he wasn't didn't know it was meant for me.
Customer: replied 17 days ago.
I called them several times to get another phone but to no avail, I even took the case to Ombudsman but no positive outcomes. However, my main reason is that I don't want any debt in my name which shouldn't be, so, how can you help and what are my chances? please
Customer: replied 17 days ago.
hi, are you there?
Expert:  Ben Jones replied 17 days ago.

Thank you very much for clarifying. As we are just an online chat service, all I can do is explain what your options are. I cannot tell you what chances you have as that requires a full case analysis which we cannot do on here.

As far as you are concerned, this was not due to an error on your part and you should not be held liable for it. You gave them the correct address and they entered the wrong one – therefore, they have responsibility for the non-delivery. If it was delivered to your neighbour then it is a matter between them and the company. But you should not be penalised for it.

The issue is what you do about it now and that will depend on what the company is trying to do a t the same time. Are they trying to pursue you for the debt you allegedly owe? If so, then it is up to them to take it further and potentially make a claim for what they believe you owe them. They may never go that far but if they do, then you have the right to provide a defence to whatever they have claimed and explain how you got to the position you are in now. Hopefully, the courts will understand and agree that you have no liability in the circumstances.

Expert:  Ben Jones replied 17 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 17 days ago.
Hi Ben, thanks, ***** ***** do you advise I go about this in detaching my name from the debt?
Customer: replied 17 days ago.
Expert:  Ben Jones replied 17 days ago.

When you say detaching your name from the debt, where is that debt currently, is it just between you and the company?

Customer: replied 17 days ago.
the debt is between me and the company, it's showing on their system that I owe them £300 which I believe might affect my credit rating either now or in the future
Expert:  Ben Jones replied 17 days ago.

Thank you very much for clarifying. Non-payment of utility bills, which includes phone contracts, can appear as part of your credit history. However, you would need to challenge this with the credit reporting company directly, whilst continuing to resolve it with the phone company. Often, your rights do not actually kick in until it is too late, i.e. a negative entry has been made on your filer and you then go on to legally challenge it

Expert:  Ben Jones replied 17 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 17 days ago.
Thanks a lot, you've been very helpful. If I understood you well, I don't have to do anything in the meantime unless they write to me
Expert:  Ben Jones replied 17 days ago.

For now yes, that is correct. All the best

Customer: replied 17 days ago.
Thanks a lot
Expert:  Ben Jones replied 17 days ago.

My pleasure