Trade in returned handset lost by Royal Mail

[danmarkfurness]

I recently upgraded my phone. Received the new handset no issues and then a couple of days later I returned my old phone in the returns pack that was sent out. Didn't think anything of it and have done this a few times over the years with no issues. 

Following the tracking of the device it became apparent that there was an issue as it had not updated for well over a week. Checked with EE to see if it had been received and then contacted Likewize who are the trade-in partner. Eventually they received a package but with a letter explaining the item was not there. So someone has made off with the phone 😞 I never insured it myself as I anticipated it would arrive and the package was covered. Lesson learnt. 

The cost of the handset is now on my next bill which I have cancelled Direct Debit for as cannot afford to pay all that out at once. Hoping to speak with someone and setup a payment plan over a few months. 

Anyone else suffered a similar fate?

[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]

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:
• Followed the provided return instructions, and 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.