02 Recycle hiding behind Terms and Conditions

[Sebdb]

Just used 02 recycling to send back a Iphone 7 Plus

I packaged as requested using their packaging and label , took a photo of the phone beforehand, dropped it off at the post office.

3 days later i get an email reducing the offer from £215 to £41 because of a cracked screen. They do, to be fair, then send me a picture of the crack

However this is where it goes wrong, I send the picture of the undamaged phone before it was given to Royal Mail, however I am told that i need to claim against Royal Mail depsite the fact that i have no contract with Royal Mail nor do i know 100% that the damage occured in transit it could have been in their facility.

So in essence i have to either accept the £41 or receive back a damaged phone, and try and claim against the Post Office.

My point here and to them is that they have a duty of care and cant just hide behind their terms and conditions.

Interestingly they state that no contract exist between me and them until they receive the phone and have paid out, not sure they can really get away with that even if it is in their terms and conditions - Unfair contract anyone!!!

Also they try and say that they hold no responsibility for damage in transit, however again not sure this will hold up legally when it is them paying Royal Mail for the service not the customer.

I have pointed these issues out to them but they are digging their heels in so would be interesting to hear from anyone else in similar situation and or a legal persepective 

Seb

[Cleoriff]

Hi @Sebdb 

If you want to make a complaint then follow this route https://www.o2.co.uk/how-to-complain

Using Resolver usually gets best results https://www.resolver.co.uk/

[madasaf1sh]

Unfortunately this is the same for all companies, who offer a return service, where by if the device is damaged in transit you have to prove and claim against the courier.

I have had to do this against some fairly big computer manufacturers when returning items, that then are either missing parts, the device, or have damage.

This isnt just an o2 thing, im afraid, envirofone, cex, mazuma are all the same...

[TallTrees]

Hi @Sebdb 

I agree with @madasaf1sh 

There's whole big bad world out there doing the same thing

not only with phones.  Send us your gold remember that!

Hard lesson learnt and take @Cleoriff  advice try your best

to recover the situation as much as possible.

Never send another thing off in the post for someone

to assess again, it will never be what you expect.

Best wishes and good luck.

[Bambino]

@Sebdb Had you looked at posts in the community before you sent your phone off to O2 Recycle you would have seen how many customers have had similar problems. You would most likely have gotten a better offer through CEX, and you could have taken it in store and walked away with your money. O2 Recycle are very underhanded. Sorry you had such a bad experience.

[gmarkj]

Ask for some proof that the phone with a cracked screen is yours @Sebdb. Hopefully you know what your IMEI is.
Given the disparity between the old and new offer, is it worth getting the phone back and repaired should it turn out to be yours?

[Sebdb]

Thanks for the replies

However my point is legally where they stand regarding the two main points

1. Can o2 recycle really just not take any responsibility for damage when they have arranged, and paid for the courier. Just staing so in their terms and conditions is not necessarily enough in its own right.

2. If there is no contract between me and them until they have paid for the phone what sort of legal arrangement do I actually have with them up to that point ?

Seb

[MI5]

@Sebdb I don't believe anyone here is qualified to give you legal advice, so you'd be best advised to speak to CAB or seek your own legal advice from professionals.

[Sebdb]

Thanks

I was really just wondering if anyone had thought, or had actually taken it that far before.

It would make an interesting case both in this specific example and generally

Small Claims Court isnt very expensive so depending on how much time I have a may well go down this route just to see what happens.

On a related note has anyone tried claiming from Royal Mail when they havent paid or arranged for the service and the receiver hasnt reported the issue on delivery (ie O2 Recycle) ?

Seb 

[Cleoriff]

I haven't reported Royal mail in relation to O2 recycle or anything to do with phones @Sebdb 

However, I have reported them via Amazon for non delivery of newly released X Box games.

Amazon are excellent and send another out free of charge and I am informed 'they will make  case with Royal Mail'.

However Amazon should take their own share of the blame. They did NOT ask for a signature on receipt of the game (so it could have ended up with 'anyone' other than me. Advertising meant everyone was aware of the date of release of the game ).

Now they have changed the system and a signature IS required.