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Old Aug 22, 2013, 08:28 AM   #1
fallenapollo
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Vodafone mess up, need help

Hey there, basically it was time for my annual contract upgrade on vodafone, I did the upgrade over the phone, because I have been with them for so long they got rid of the handset fee, so I didn't have to pay anything. They said my new iphone 5 should arrive the next day. two days later still had nothing so I rang them up and they said the order didn't go through correctly and they resubmitted it. four days later a package arrives with two iphones in the same delivery, both on the invoice. Because both phones are on the invoice, they clearly know they have sent both and it wont flag up during stock checks, so should I keep/sell the second phone?

Cheers for your help

Last edited by fallenapollo; Aug 22, 2013 at 08:44 AM.
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Old Aug 22, 2013, 08:54 AM   #2
firedept
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Should call them back and ask what they want done with second phone. Same as stealing if you just keep it or sell it. If you think they won't realize they sent 2, don't kid yourself. They will eventually track it down. They have system checks in place to help find such an error.
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Old Aug 22, 2013, 09:01 AM   #3
fallenapollo
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see I would normally agree with that, but because both phones are on the invoice im in two minds at what to do, because they know that they sent out two phones
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Old Aug 22, 2013, 09:04 AM   #4
Dented
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If they know they sent two, they will charge you for two, unless you return one. So just call them up and sort it out - morals aside there's no way in hell you'll get that second phone free.
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Old Aug 22, 2013, 09:09 AM   #5
fallenapollo
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I only have one contract with them though, and I dont pay for handsets with vodafone so there is no charge anyway, I will ring them up and and ask them
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Old Aug 22, 2013, 09:31 AM   #6
fallenapollo
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They said everything is normal with my account, I made them check my orders and stuff and they said its all correct :/
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Old Aug 24, 2013, 03:06 AM   #7
Dented
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Did they still say that after you mentioned the two iPhones? You told them right? No?

Do what you like, but they will cotton on before long. The fact that they haven't charged you for a phone before doesn't mean they're incapable of doing it now.
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Old Aug 24, 2013, 06:07 AM   #8
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If you're in the UK that's theft.

Theft is defined as dishonestly appropriating property belonging to another with the intention of permanently depriving them of it. What you're intending to do covers every ingredient of theft.

If you tell Vodafone about it and they say you can keep the other phone for free, then you can go ahead and sell it - but get this in writing so they can't deny it later.

Theft is probably defined in a similar way in most other jurisdictions around the world.
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Old Aug 24, 2013, 06:46 AM   #9
Anya B
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I'm not sure if this is similar to an experience I had last year. I ordered a Kindle paper white from Amazon and when it was delivered, I had a Kindle Fire delivered with it. Both packages where addressed to me, but invoice inside was addressed to someone else. I checked my order status to confirm I hadn't actually ordered a Fire in error, there was no record of it on my account.

I felt bad for the person waiting for their Fire so I contacted Amazon. Now this is where it gets interesting (hopefully). They told me as they had no record of the Fire being ordered from my account and the fact that the Fire was addressed to me, they couldn't except the return. Apparently the law states that if goods are delivered to your address WITH your correct name and address of it (this is different than if the goods are incorrectly delivered, ie they came to you but addressed to your neighbour) then the goods are considered an unconditional gift.

http://www.adviceguide.org.uk/nirela...ance_sales.htm
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Old Aug 24, 2013, 07:27 AM   #10
matttye
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Originally Posted by Anya B View Post
I'm not sure if this is similar to an experience I had last year. I ordered a Kindle paper white from Amazon and when it was delivered, I had a Kindle Fire delivered with it. Both packages where addressed to me, but invoice inside was addressed to someone else. I checked my order status to confirm I hadn't actually ordered a Fire in error, there was no record of it on my account.

I felt bad for the person waiting for their Fire so I contacted Amazon. Now this is where it gets interesting (hopefully). They told me as they had no record of the Fire being ordered from my account and the fact that the Fire was addressed to me, they couldn't except the return. Apparently the law states that if goods are delivered to your address WITH your correct name and address of it (this is different than if the goods are incorrectly delivered, ie they came to you but addressed to your neighbour) then the goods are considered an unconditional gift.

http://www.adviceguide.org.uk/nirela...ance_sales.htm
"But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods. You might get goods sent by mistake if they are meant for someone else or you’ve been sent duplicate or extra items on top of what you ordered."

It only became a gift to you after Amazon said you could keep it. Until then it was "goods sent by mistake."

The page is also contradictory, as it says above "You need to contact whoever sent them to let them know and ask them to collect the goods," but later says:

"Do you have to return the goods?

You have no obligation to return the goods to the trader or allow the trader to collect the goods. However, it would be reasonable for you to contact the trader to explain what has happened and give them a chance to collect the goods from you."

So which is it, do you need to contact the trader, or not? It is saying you do and you don't here.

I'm a (trainee) police station representative and I'm pretty sure it would be theft for you to keep goods sent by mistake.

Dishonestly - if you keep goods sent to you by mistake without giving the sender the chance to collect them, this is dishonest.
appropriates - this means 'assume the rights of the owner.' If you sell or use the goods, or do anything else that only the owner has the right to do, that covers this part.
property - goods are property.
belonging to another - they belong to the sender (Amazon/Vodafone in the cases discussed here)
with the intention of permanently depriving them of it - selling the goods is clearly an intention to permanently deprive them of them.

It is a defence to theft if the 'thief' believes he has a lawful claim to the property, but it would be hard to argue that there's any lawful claim when the OP knows they're only paying for one phone.
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Old Aug 24, 2013, 07:47 AM   #11
Anya B
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I contacted Amazon numerous times because like you, I felt it was dishonest to keep the Fire. I told them I was happy for them to collect the goods but they weren't interested. They couldn't supply a return label because it wasn't on my account. I was reluctant to simply return it blind because I didn't want to then be charged for it. See the dilemma?

Having said that, I believe morality and law are sometimes not strictly related.

I think the OP should contact Vodaphone and explain. Give them the chance to collect, if they don't then what is he suppose to do? He didn't 'buy' 2 iPhones, he was sent them. If he returns the 2nd iPhone, whose to say they will reconcile that to his account? After all its not showing there. He could end up returning it AND get charged for it.
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Old Aug 24, 2013, 08:50 AM   #12
matttye
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Quote:
Originally Posted by Anya B View Post
I contacted Amazon numerous times because like you, I felt it was dishonest to keep the Fire. I told them I was happy for them to collect the goods but they weren't interested. They couldn't supply a return label because it wasn't on my account. I was reluctant to simply return it blind because I didn't want to then be charged for it. See the dilemma?

Having said that, I believe morality and law are sometimes not strictly related.

I think the OP should contact Vodaphone and explain. Give them the chance to collect, if they don't then what is he suppose to do? He didn't 'buy' 2 iPhones, he was sent them. If he returns the 2nd iPhone, whose to say they will reconcile that to his account? After all its not showing there. He could end up returning it AND get charged for it.
I'm not suggesting you were in any way dishonest because you contacted Amazon and gave them the opportunity to collect. After they told you they weren't going to do anything about it, you were well within your rights to keep it because Amazon effectively 'disowned' the property. It's perfectly legal to keep property that belongs to no one.

Agreed with you; he should contact Vodafone and see what they suggest. If they refuse to collect it but indicate they won't charge for it, then he should just keep it, as again, Vodafone will have given up ownership of the goods.

If possible though it's always best to get such things in writing, because if the customer services agent you speak to on the phone doesn't make a note of your conversation, the company may have no record of anyone ever having said that you can just keep the goods.
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