Not upheld: delivery of incorrect/fake goods and liability under credit agreement complaint against Tesco Mobile Limited

Decision detail

Summary

Mr C complained that Tesco Mobile Limited unfairly held him liable for a credit agreement for a device he claimed was incorrect or fake. Mr C alleged the wrong device was delivered, but Tesco investigated and found the packaging was intact, warehouse records showed the correct device was dispatched, and Mr C could not provide evidence of receiving a fake device. The ombudsman found Tesco acted fairly in concluding there was insufficient evidence that an incorrect device was delivered and upheld Tesco's decision to hold Mr C liable for the credit agreement. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the Consumer Rights Act 2015 and determined that Tesco had fulfilled its obligation to deliver goods to the consumer's possession. Given that the packaging was intact, warehouse records showed the correct device was dispatched, and Mr C provided no credible evidence of receiving a fake device despite being asked, the ombudsman found Tesco's conclusion that there was insufficient evidence of an incorrect delivery to be fair and reasonable. The ombudsman acknowledged the limitations of investigating such complaints informally and noted that even if Mr C could prove he possessed a fake device, additional evidence would be needed to show this was what was delivered.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website