Goods not received - courier claims they were delivered - who is responsible?

chloe09

usignuolo wrote: »

My OH bought some household goods online from a company in Scotland. He paid online at time of order and later got confirmation in post. Supplier site said goods were in stock and would be delivered in 3-5 days. Did not arrive. A week later he contacted the supplier by phone who said goods had been delivered 3 days earlier. Matter closed. He said no it was not closed as he had not received the goods. He asked for proof of delivery. Supplier said would chase up courier and get back to him. Did not.

Three days later OH contacted supplier again. Told that courier had been contacted and still claimed items had been delivered but not yet supplied proof of this. Until they did supplier could do nothing.

(The goods were for home delivery, much too bulky to go in box or leave outside. There are only two of us here so there is no chance someone else in building could have signed for them.) Our neighbours confirm they have not been delivered to them.

Supplier says courier is responsible as goods were passed to them and they claim to have delivered the goods so we must wait for their proof of delivery by courier and if disagree, take it up with courier direct. They have not told us name of courier.

Meanwhile we have paid and have no goods. Who is legally liable?

Thought I would just add a little comment in regards to this. The company I work for uses a courier and I have come across this so many times! Basically the contract you have is with the seller, it is up to them to get the item to you in one piece. If the product is signed for but you say you haven't recevied it basically it is up to the courier to prove it. However that isn;t something you need to get involved in the seller should send a replacement to you and basically claim back the cost to the courier. I am sure it's different with different couriers but I know that's how we work and we use TNT or UPS.

Hope it helps a little!

usignuolo

Have written to firm as discussed but of course no response. Also sent email to their email query address and got automated response but no actual one. Spent 20 minutes on phone yesteday, unable to get through.

Spoke to Consumer Advice who said that contract was with supplier not courier. Was up to supplier to sort it out, not just pass buck to courier but sort it out with courier and prove delivery. If not able to do so should provide replacement goods. (Of course I actually think this is just an excuse and the goods were never sent). CA said law was quite clear on this.

Also said if it was web based order, which it was, then Ts and Cs on their website apply. Read these and it is full of disclaimers about any guarantee at all on delivery date. Consumer Advice said after 30 days failure to deliver they are in breach of contract and we can cancel the order and demand refund. Said should write now advising them that will cancel order if not delivered within 30 days and require refund. (30 days is up next week). Said that even if OH paid with debit card, not credit card, should be able to obtain a charge back

Company by the way is furniture@work. It seems from web comments to have been the subject of numerous complaints including many to local Trading Standards in Glasgow where they are based.

However Glasgow Trading Standards published a report about them on the web in March 2009, which consisted of one line saying "following a visit to F@W there were no issues to report" which in itself seems strange. No terms of reference or details of visit and what was inspected. I wonder if they are reluctant to take further action as it is significant local employer which might place local jobs at risk or maybe F@W stick just to the right side of the law.

usignuolo

Here is an update for you.

My OH eventually got through on the phone at the start of the week to supplier and spoke to a supervisor, who admitted that the "goods delivered" flag they kept saying was on his record, was wrong and that they had not been delivered. They promised to arrange delivery.

The next day a courier phoned (from Liverpool) to say they had an order to deliver to him. Today. Today I had to go to work and he waited in for them. The courier arrived with completely the wrong order- a large wooden table, not ten small folding tables - clearly marked for delivery to my OH. My OH rang the supplier (in Glasgow) and was told to sign for it as accepted anyway and they would raise a recall order at their end. He did so. He has no proof of this recall or return apart from what he wrote on the delivery note for the courier, of which he was not given a copy.

I have told him he is quite mad. Meanwhile does the fact he signed for the wrong items mean the supplier is now off the hook and cannot be sued for breach of contract?

shinyuk

I ordered some products and complained to the supplier. Apparentlythey say that according to the courier, my neighbour signed for it . There is a proof of delivery signature, but having asked my neighbours they don't have it.

Any advice on what I should do next?

usignuolo

First of all, your contract is with the supplier not the courier and it is up to the supplier to prove they delivered the goods. Do not let them stall you by saying they are waiting to hear from the courier. If they have not delivered the goods ordered, within 3O days of the order, you can demand a refund, quoting breach of contract.

sackboy

I find this quite interesting as I've ordered a laptop online and whilst have a look at the tracking of the order I've found out it was delivered yesterday when no one was at home.
Now I didn't sign for it as I was not home, the supplier will not disclose the name of the courier company so I can find out where it was delivered to or who signed for it.
So now someone has a laptop I paid for, a courier claiming they delivered and a supplier 'investigating'.
Luckily I paid by credit card but it's the type of hassle you don't need leading up to xmas.