Non-delivery of phone from Carphone Warehouse

My niece bought a mobile phone online for me from Carphone Warehouse at the end of March. The phone was meant to be sent to my work address.

When it did not arrive Carphone Warehouse said it had been sent to me via DHL and signed for.

I then discovered that DHL had delivered it five days after it was ordered. The signature on the slip showed the name of one of my colleagues. But I have his time sheet and know he was not at work at the time shown on the delivery slip.

Carphone Warehouse told me to contact DHL. However, DHL said the matter is being dealt with by Carphone Warehouse. Now I have been told to take the matter to the police.

Richard Cory

It is not Mr Cory's responsibility to initiate an investigation into a possible theft. Carphone Warehouse must do this.

However, a complaint about the missing phone must first be initiated by the person who bought it and this is Mr Cory's niece.

She has the contract with Carphone Warehouse and not Mr Cory.

But, as we said, any suspicion of theft must be handled by Carphone Warehouse. This is because neither Mr Cory nor his niece has ever had the goods in their possession.

A statement in a guide for businesses outlining their responsibilities says: "These items belong to you [the business] until they have been accepted by your consumer."

The Distance Selling Regulations also say that where goods are lost in transit from the retailer to the consumer, the retailer will either have to send new goods or offer a full refund including delivery charges.

Although DHL has delivered the phone to Mr Cory's workplace and has a signature, Carphone Warehouse cannot argue that the customer has possession.

In Mr Cory's case the phone is still in transit and is lost to him.

We have contacted Carphone Warehouse about this matter. It may wish to involve the police and log the matter as theft so an investigation can be launched.

But unless it can prove within 30 days that Mr Cory has possession of the phone or knows where it is, Carphone Warehouse must either replace the phone or refund his niece the full costs.

See an update to this case.