To complain about not getting free upgrade?

[WalkingBlind]

DP smashed his phone, rang insurance from the shop who sent out a replacement (to his parents address) for £75.

Replacement was faulty so back to the shop to call up again. They said it was rare that this happens but apologised and said they were out of stock of that phone (Experia Z3) but would send a Z5 upgrade for no extra cost the next day.

The next day comes and we wait at his parents house for the entire day, couldn't leave the house in case they turned up and we weren't there. It didn't arrive! Back to the shop again the next day to call, driver said the house was inaccessible (yep, the house they'd already delivered to before). DP suggested delivering to the shop instead. They say to pick it up after 1pm the next day.

I go down at 5pm when they're closing and the phone never arrived! DP called from my phone when he was back from work and they said the driver claimed the store was inaccessible.... Their own store! Staff clarified while i was there that they receive phone deliveries all the time and they even knew the guy that normally drops them off.

So DP suggests delivering to my house, it's very accessible, you can't miss it. Time slot between 6pm-10pm as he finishes work at 6pm (he said that on the phone). Here it's important to note that i don't normally answer the door due to mental health issues. The delivery comes at 2pm.... I'm forced to answer the door, i don't have the faulty phone they want, DP does and i have to try and say that it was due at 6pm to which he replied that he knew that. The driver is annoyed as he's traveled over 3 hours but he has no choice except wait. His annoyance and the interaction has really upset me and i freak out. At 5:50pm driver starts hammering on my door, i don't answer. He starts talking to a neighbour and complainging about no-one swapping the phones. DP arrives at 6:05pm as the driver was pulling away and gets the swap done.

They've sent him a Z3?! So in our minds they were just putting off delivery until they didn't have to upgrade the phone? As it was a free upgrade does DP have the right to complain and get one? All in all we've had a really stressful time with it and the company has dealt with it really badly.... They even tried to charge DP with the missed deliveries! He refused to pay it but it may appear on his monthly bill for all we know. Is it worth complaining or will it just be "logged"?

[Tealeaf321]

I'm not sure if legally you stand a chance but I would definatly call them and explain and complain. They have told you you could have an upgrade for your trouble I assume so morally they must do this surely?
I'd say it's worth a try.