Please could you help or advise my lovely friend, wise MNs?
She ordered and received a nice new phone from T Mobile, but via a company called A Comms. After receiving the phone she found a better deal elsewhere, and arranged to return the phone to A Comms. There was no problem with cancelling the contract, no issue there. She posted the phone via Royal Mail "signed for" delivery on 02/04/14, and still has the receipt.
On 25th April 80 days had lapsed since posting the phone (this is important). On 28th April, she received an email from A Comms stating that they had never received the phone. Naturally, she chased the whereabouts of the phone with Royal Mail, only to be informed that they had lost it - they admit this. However, because 80 days elapsed between posting the phone and reporting it undelivered, Royal Mail say they are not liable.
On 12th June she recieved a further letter form AComms demanding payment of over 300 for the phone. We can see their point of view in the respect that they do not have their goods back, but they did not report the phone missing for over 80 days. Similarly, Royal Mail do state clearly on their website that losses will not be investigated after 80 days, but they admit they have lost the phone. Neither company will budge - she has spoken to and e-mailed them.
My poor friend cannot afford this bill, and she is worried about her credit rating. It seems deeply unfair that she is the only party who has done everything right yet she is being charged! Can anyone advise us who is liable or how to proceed? TIA.