How do I proceed.....

RVN10 · 27-09-2016 9:06pm #1

I ordered a phone from Eir on the 16th of Sept and paid 399 for it iPhone 7 plus. It was due to be delivered on the 19th and never came, on several occassions i queried this and was assured the phone was on the way... Phone never turned up despite their online chat constantly telling me otherwise.

It has now been discovered they never had the phone to begin with, basically they have sold me a phone they never had or even know when they are getting it. Seemingly I was not the only one this happened to. They have basically sold me a product that does not exist , I cancelled the order with them and today they are telling me they cant find the payment but know I made it(most bizarre thing i ever heard) so as a result I now must wait 30 days to get my 399 back how is this legal. They misadvertised , mis sold and took my money.

I contacted comreg and they cant get involved for 10 days , my bank said I possibly could open a dispute but that could take weeks. I just want my money any advice here would be appreciated..

Del2005 · 27-09-2016 9:21pm

Pay by credit card in future, much more protection if anything goes wrong.

RVN10 · 27-09-2016 9:23pm

What about a visa debit does that do anything ?

Walter2016 · 27-09-2016 9:25pm

There's a worldwide shortage of iPhone 7.

People who pre-ordered get priority.

All companies say "up to 30 days" for refunds. In reality it takes just a few days.

Your issue is nothing to do with comreg, stop wasting their time.

beechwood55 · 27-09-2016 9:28pm

I think the fact that Eir have told you that you will be refunded means that your bank may not agree to start the chargeback process. The chargeback process in itself can take up to 21 days..

RVN10 · 27-09-2016 9:30pm

Walter2016 wrote: »

There's a worldwide shortage of iPhone 7.

People who pre-ordered get priority.

All companies say "up to 30 days" for refunds. In reality it takes just a few days.

Your issue is nothing to do with comreg, stop wasting their time.

The thing is i know their is a shortage but this was not known before they took the sale , I am well aware its quite difficult to get this and Comreg were actually very interested in the fact that they are mis selling products to people..

Also they havent agreed to a refund just yet they have to find the payment which may take 30 days.

runawaybishop · 27-09-2016 9:36pm

They didn't missell anything, they sold a phone whose order didn't come through. Neither your bank nor comreg will do anything as they will refund you for the error. What outcome did you hope for?

RVN10 · 27-09-2016 9:37pm

runawaybishop wrote: »

They didn't missell anything, they sold a phone whose order didn't come through. Neither your bank nor comreg will do anything as they will refund you for the error. What outcome did you hope for?

They did because they never had the phone from the offset so in my eyes thats mis-selling and mis-leading.. They took my money and never had the product to sell..

The outcome i want is how do i get my money back before 30 days

ytpe2r5bxkn0c1 · 27-09-2016 9:38pm

RVN10 wrote: »

The thing is i know their is a shortage but this was not known before they took the sale , I am well aware its quite difficult to get this and Comreg were actually very interested in the fact that they are mis selling products to people..

Also they havent agreed to a refund just yet they have to find the payment which may take 30 days.

If you reported "mis-selling" to comreg you misled them. This is not mis-selling but a supplier issue.

runawaybishop · 27-09-2016 9:40pm

RVN10 wrote: »

They did because they never had the phone from the offset so in my eyes thats mis-selling and mis-leading.. They took my money and never had the product to sell..

The outcome i want is how do i get my money back before 30 days

Loads of sellers do not hold stock. That is not misselling.

You'll get your money within 30 days it's usually a lot less, like 3.

RVN10 · 27-09-2016 9:40pm

To clarify Comreg told me I was mis-sold

runawaybishop · 27-09-2016 9:40pm

RVN10 wrote: »

To clarify Comreg told me I was mis-sold

Comreg are wrong.

dudara · 27-09-2016 9:41pm

I don't think Comreg are the appropriate body for this complaint. This appears to more a failure to deliver.

Del2005 · 27-09-2016 9:43pm

RVN10 wrote: »

What about a visa debit does that do anything ?

Usually no. A bank will chase up its own money it doesn't care what happens to yours.

SteM · 27-09-2016 9:45pm

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

runawaybishop · 27-09-2016 9:46pm

SteM wrote: »

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

Complain about what, exactly?

ytpe2r5bxkn0c1 · 27-09-2016 9:46pm

Del2005 wrote: »

Usually no. A bank will chase up its own money it doesn't care what happens to yours.

Chargeback and other protections apply equally to Visa Debit.

RVN10 · 27-09-2016 9:47pm

Comreg felt they should be involved because if Eir never had a product and knowingly sold a phone they didnt have then they are mis-selling a telephone contract. As I was moving from a different provider , had I already been a customer getting an upgrade this may be a different situation

Del2005 · 27-09-2016 9:48pm

RVN10 wrote: »

To clarify Comreg told me I was mis-sold

It's a consumer issue nothing to do with ComReg. The Small Claims Court would be the appropriate department but will most likely say that there is nothing they can do, you are getting a refund. Potentially you could get them for advertising standards but that's a slap on the wrist.

RVN10 · 27-09-2016 9:49pm

I think the fact that as a new customer joining their network thats where they feel i have been mis-sold

L1011 · 27-09-2016 9:53pm

SteM wrote: »

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

Complaining to a voluntary association with no powers isn't very useful

runawaybishop · 27-09-2016 9:59pm

RVN10 wrote: »

Comreg felt they should be involved because if Eir never had a product and knowingly sold a phone they didnt have then they are mis-selling a telephone contract. As I was moving from a different provider , had I already been a customer getting an upgrade this may be a different situation

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

RVN10 · 27-09-2016 10:03pm

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

Their sales team told me last night they never had this phone and dont know how i was sold it ... So the supplier didnt let them down

SteM · 27-09-2016 10:07pm

L1011 wrote: »

Complaining to a voluntary association with no powers isn't very useful

About as useful as complaining to comreg imo!

SteM · 27-09-2016 10:09pm

runawaybishop wrote: »

Complain about what, exactly?

Nothing, there is nothing to complain about in this instance imo. Still a better port of call then comreg though.

runawaybishop · 27-09-2016 11:11pm

RVN10 wrote: »

Their sales team told me last night they never had this phone and dont know how i was sold it ... So the supplier didnt let them down

Any more info you are hiding? Still a supplier issue, they don't have one. I doubt the sales team has the slightest clue on corporate supply chain policy.

Lux23 · 28-09-2016 10:34am

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

But that isn't the consumer's problem? When a trader sells to a consumer they have to make the consumer aware of all the material information that may influence their decision to buy. When you are due to receive a product is most definitely material information so this could be an unfair commercial practice. Contact ComReg and the CCPC to see what your rights are OP because the advice above isn't right.

runawaybishop · 28-09-2016 10:38am

Lux23 wrote: »

But that isn't the consumer's problem? When a trader sells to a consumer they have to make the consumer aware of all the material information that may influence their decision to buy. When you are due to receive a product is most definitely material information so this could be an unfair commercial practice. Contact ComReg and the CCPC to see what your rights are OP because the advice above isn't right.

Rights? He is entitled to his money back, which they will do. What else do you think he should get?

Lux23 · 28-09-2016 10:41am

runawaybishop wrote: »

Rights? He is entitled to his money back, which they will do. What else do you think he should get?

He should make the authorities aware because if this is a widespread practice and it is breaching consumer protection legislation then they may be able to put a stop to it. These places act based on market intelligence, much of which is gathered through contacts with consumers.

runawaybishop · 28-09-2016 10:48am

Lux23 wrote: »

He should make the authorities aware because if this is a widespread practice and it is breaching consumer protection legislation then they may be able to put a stop to it. These places act based on market intelligence, much of which is gathered through contacts with consumers.

How is a supplier falling through breaching consumer protection legislation?

weisses · 28-09-2016 10:59am

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

From OP

I ordered a phone from Eir on the 16th of Sept and paid 399 for it iPhone 7 plus. It was due to be delivered on the 19th and never came, on several occassions i queried this and was assured the phone was on the way

How can Eir confirm a delivery date without the actual phone in stock ?

How can Eir after agreed delivery date has passed confirm the phone is on the way if they actually don't have the handset in stock?

How do I proceed.....

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