Trade in returned handset lost by Royal Mail

[Millywapz]

EE has just done the same thing to me , my question is how can the responsibility be yours , when EE provide return package and ask you to send this way , knowing it’s not safe , then expect you to pay the charges!!!! They’ve just tried to add £750 charges on my line which I won’t be paying and if I have to get rid of every device I have with this company I will , because it’s like they know that Royal Mail are stealing and they won’t do anything to protect their consumers and customers I find that sickening!!! Especially when you have tracking proof etc 

[Millywapz]

Even the fact you have to chase around and ring likewise yourself is a joke EE claim to be the best networking company , yeah only if you don’t do a trade in , then they become totally disconnected to you and expect you to run a marathon for a returned item they know you can’t control where it goes regardless this company is a shambles 

[Katie_B]

Good morning @Millywapz. 

I am so sorry to hear your parcel has been lost, I understand how frustrating this must be.

You have done the right thing by keeping your tracking information. 

The information provided by our customer care team is right, you would need to raise this the third party company Likewize. 

They can be contacted via email eeconsumer.uk@likewize.com OR by calling 0208 732 3798. Once they have been made aware of this a case will be raised and this will be investigated further. Some helpful FAQs can be found on our trade-in page.

Please get in touch and keep us updated here on the community. 

Katie

[Millywapz]

I’ve already raised it with likewise after having to call likewise 6 times and then EE 6 times as like wise , needed EE to phone them but EE doesn’t do that , luckily my EE rep sorted it for me! But I’m yet to hear back , I just think it’s disgusting how EE obviously know there’s a problem with the returns and trade ins with Royal Mail , but I wasn’t advised of this during the trade in process or made aware that it would be better to send with a private company , so now I’m lumped with a bill , that has completely put me off using EE or doing any further trade ins or business with EE or Royal Mail , as something just seems off about the whole experience , and clearly from the comments I can see it’s a regular thing , I feel bad for the other EE customers …
Sent from my iPhone

[Schockwave]

@Millywapz  Did you make sure that you have a proof of return slip for yourself? If you did not, then not sure what you can do, as you should have had that and can then prove you returned it.

[Millywapz]

Yes I kept proof and also I’ve found something else out that’s gonna annoy a lot of people , EE are misleading consumers on the rights here’s the proof : 

if you kept return receipt and also returned the phone via prepaid envelope , YOU ARE NOT LIABLE for the return.

Why EE is responsible -

1.EE chose and paid for the courier (Royal Mail) by supplying a prepaid tracked returns envelope.

2. My only obligation was to return the phone using the method provided, which I did, as evidenced by my certificate of posting.

3. Under the Consumer Rights Act 2015, liability remains with EE until the goods are safely returned to them.

4. I do not have a contract with Royal Mail; EE does. Therefore, EE must resolve this loss directly with Royal Mail, not attempt to make me liable.

it is against your consumer rights that EE are charging people for lost phones when you have proof of sending and used there prepaid envelope.

so all those people who paid ee with this proof you should take this further and seek advice from citizens advice and the ombudsman to be investigated.

as I have done.

[Millywapz]

EE will say:

EE & Likewize Services UK Ltd do not accept any responsibility for any device(s) being lost in transit. We strongly recommend that you used the insured option when returning your device.

but…….

1. They Cannot Contract Out of Statutory Rights

Under the Consumer Rights Act 2015, a seller cannot avoid liability for goods returned using their provided method.

• Even if EE/Likewize state “we’re not responsible for lost devices,” this cannot legally override Section 20, which says:
  The risk of loss passes to the seller only when they receive the item or once the consumer has followed the seller’s return instructions.
• You used the prepaid envelope they provided, so you complied with their instructions. Legally, the risk remains with them, not you.
  
• 2. Insurance Recommendation Doesn’t Shift Risk
  Their statement recommending insured postage is just advice, not a legal requirement.

• You are not obliged to pay for insurance unless it’s explicitly stated in the return terms.
• Choosing the standard prepaid envelope they provided does not make you liable if the item is lost.
  3. Likewize’s Role
  Likewize is a third-party handling returns on EE’s behalf.

• Responsibility still rests with EE (the seller), because you followed the return process provided by them.
• Likewize’s disclaimer is not a legal shield; they act as the agent of EE.
  Bottom Line
  EE/Likewize trying to disclaim responsibility does not absolve them.

• Because you:
  
1. Followed the provided return instructions, and
2. Have proof of postage,
• …you are not liable for the lost device. EE is legally responsible to either:
• Acknowledge receipt, or

• Refund/reverse any charges.

[Millywapz]

And EE are fully aware of this and allowing it to happen to people and still frauding people out of there hard earned money it’s disgraceful EE/Likewise/RoyalMail all know that this is happening yet have put nothing in place to protect there consumers……..that’s thievery. Need I say more once my contracts are over with this company I will never be using them again for nothing. Awaiting response from watchdog, ombudsman , and trading standards I’m also seeking legal action against EE/Likewise/Royal Mail.