Amazon state parcel was delivered but it wasn't. Please help!

Scribblor · 1 August 2015 at 4:25PM

I ordered a games console, a game and another controller for the console from Amazon, using Amazon prime. The parcel was going to be delivered by Amazon Logistics. I waited in all day, but when I happened to glance at the door as I was moving from one room to another at about 5pm, I saw an 'attempted delivery' card. The delivery guy had definitely not used the doorbell, and I didn't hear a knock, which is unusual - I normally do hear when people knock at the door, and I was listening out all day for the delivery - but the card said my parcel was with Mr Shelby at number 50, two doors away. I know the family there, and they're not called Shelby. I checked with them, and they say they don't have the parcel. I checked with next door (between me and the house that supposedly took delivery) and they said they saw a delivery man go to number 50 and leave with a parcel under his arm at around half four.

I then checked every house from 48 to 60 (I'm at 54) and no-one has the parcel.

So I contacted Amazon via email and was told that they were certain the parcel had been delivered to me in good condition and wouldn't be sending another one out or giving me a refund.

I emailed back, saying that their own tracking said it hadn't been delivered to me - it had been delivered to Mr Shelby (who doesn't exist), and repeating that the people at number 50 don't have the parcel. I got a reply which was word for word the same as the other email, but with 'Mr Shelby at number 50' instead of me.

I emailed back again, saying that this was different from the first thing they'd said, and asking which of their two emails do they think is correct. I also reiterated that there is no Mr Shelby at number 50, so it's impossible for them to have delivered it to him. I also reiterated that number 50 don't have my parcel, and nor does anyone else from 48 to 60.

I got another response, from a "lead with the leadership team", quoting the tracking info and saying that there is nothing more they can do, and saying "Hence, in this case we wont be able to offer you any further assistance. Please accept my apologies for this situation. I can see that you relied on us to deliver this order in time for you, and clearly we have let you down."

I've replied again, stating once more that the tracking information must be incorrect, as there is no Mr Shelby at number 50, that numbers 48-60 don't have my parcel and asking for the case to be escalated to someone more senior if there's nothing more this lead can do.

I didn't make any specific alternate delivery arrangements when I bought the things, so as far as I can tell in Amazon's t&c's, they'll consider their end of the delivery met as Amazon Logistics say they've delivered it to a neighbour. They're saying it's my problem that the neighbour doesn't exist and the people at the address say they don't have it.

Is there anything I can do at this point other than keep emailing back when they say they're not going to take any further action?

I don't want to ask my credit card company to do a chargeback unless there's absolutely no other option because it'd feel like giving in to them, and also because I've read that they'll often block your account if you do that.

Thanks!

DCFC79 · 1 August 2015 at 4:38PM

I'd do a charge back if it were me, there's always a way round it if they block you.

unholyangel · 1 August 2015 at 5:04PM

Pretty much anything you do from here on out could result in amazon closing your account, but would you really want to keep an account with a company who delivers parcels elsewhere then wash their hands of it?

Its even trickier as Amazon don't operate under UK law so your rights will be different than when buying from a UK company.

Personally I'd go with the chargeback option.

However if you're insistent on trying with amazon again, perhaps point out to them that the delivery address you provided was 54 xxxxxxx not 50 xxxxxx - and would they consider that you had fulfilled your obligations if you paid a neighbouring company instead of them?

In fact, this EU directive should help you:
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083

Specifically take note of this section:

(55)
Where the goods are dispatched by the trader to the consumer, disputes may arise, in the event of loss or damage, as to the moment at which the transfer of risk takes place. Therefore this Directive should provide that the consumer be protected against any risk of loss of or damage to the goods occurring before he has acquired the physical possession of the goods. The consumer should be protected during a transport arranged or carried out by the trader, even where the consumer has chosen a particular delivery method from a range of options offered by the trader. However, that provision should not apply to contracts where it is up to the consumer to take delivery of the goods himself or to ask a carrier to take delivery. Regarding the moment of the transfer of the risk, a consumer should be considered to have acquired the physical possession of the goods when he has received them.

And just in case they try to argue that leaving them with a neighbour means they're in your physical possession:

The rules on delivery laid down in this Directive should include the possibility for the consumer to allow a third party to acquire on his behalf the physical possession or control of the goods. The consumer should be considered to have control of the goods where he or a third party indicated by the consumer has access to the goods to use them as an owner, or the ability to resell the goods (for example, when he has received the keys or possession of the ownership documents).

Given this third party was not indicated by the consumer but rather by the courier (who were an agent for the retailer), liability remains with the retailer.

GreatBeyond · 1 August 2015 at 6:53PM

Something your not telling us here.

Have you had issues with deliveries previously? Have you had any accounts closed previously? Is this your first order with Amazon?

I order loads of stuff of Amazon, a couple of times the tracking has been showing as delivered but not received, I was asked to wait 24 hours to see if it turned up in that time and if it didn't they would replace it, which is what happened.

Did they tell you they were investigating this when you first contacted, from what I understand of Amazon Customer Services wouldn't make the decision that you weren't getting a refund or a replacement, it would be a department who seem to be called Account Specialists.

I have said this before on here and I mean no offense, if you are trying the old delivered not received con just call a halt because they are satisfied with the proof they have that you are now in possession of the order. If you genuinely don't have the stuff then go down the chargeback route.

jimmy_cricket · 1 August 2015 at 7:33PM

I had this with Amazon a couple years ago. Get loads of stuff delivered from them but then one parcel went missing. Got to the point where they practically accused me of lying. They eventually replaced the missing parcel and if I remember correctly, an apology from the delivery person for giving it the wrong address. Just stick to your guns.

Scribblor · 1 August 2015 at 9:51PM

Thanks for the link to the EU directive, unholyangel. That may come in very handy later.

There's nothing I'm not telling you, GreatBeyond. I've never had any issues with Amazon deliveries before, other than the very infrequent late delivery of items. I've not had any accounts closed by Amazon. This isn't my first order with them. I've been buying from them for over a decade, and I've been a Prime member for three years.

When the parcel wasn't at number 50 I checked every house from 48 to 60, thinking that it might have been delivered to one of them, and number 50 written on the card by mistake. No-one has it. Or at least, no-one is admitting to having it.

I spoke to them on their live chat thing, and they said they'd get back to me within 24 hours. When they did, they just said they'd delivered it to me in good condition, as I said in my opening post.

I'm definitely not pulling a con.

Le_Kirk · 2 August 2015 at 10:23AM

Did you ask for proof of delivery with a signature?? Maybe Mr Shelby's signature. Since he doesn't exist, that might be difficult for Amazon to provide.

PasturesNew · 2 August 2015 at 10:27AM

I saw something like this on the telly, one of those "Dom sorts it out" programmes.... and I think they had to call the police and report it as stolen. Then, the neighbour gets a police visit and makes a statement, then it's down to the delivery driver.

Seemed to be awful to have your neighbour 'potentially arrested for theft' but, at the time, the programme said it was the only way.

enfield_freddy · 2 August 2015 at 11:28AM

Le_Kirk wrote: »

Did you ask for proof of delivery with a signature?? Maybe Mr Shelby's signature. Since he doesn't exist, that might be difficult for Amazon to provide.

amazon logistics , at least in my area , do not ask for a signature , they work on the "drop n run" principle

boo_star · 2 August 2015 at 12:23PM

enfield_freddy wrote: »

amazon logistics , at least in my area , do not ask for a signature , they work on the "drop n run" principle

In my area they do, depending on the value of the parcel.

Scribblor · 2 August 2015 at 3:30PM

I did ask for proof, but not specifically signature proof. I also asked for information on The investigations Amazon had done that made them sure it had been delivered. The reply to that was:

Ship Carrier Amazon Logistics
Tracking Number: Q601508230
Status: Delivered
Location: Left with neighbor
Delivered to: Mr shelby
Door Number: 50

Further, please note that the carrier does not provide investigation once the package is delivered.

Amazon state parcel was delivered but it wasn't. Please help!

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free