Section 75

sleepybagpuss

Hi all,
Can anyone advise whether I am covered by Section 75 with this problem. I have ordered two tyres with an M&S credit card online there was a delivery charge for the tyres that was also paid with the credit card. Total paid inc. delivery £108.

While waiting for delivery of my tyres, a courier arrived at my door with a large A4 bubble envelope and ask me to sign an electronic pad for receipt of this envelope. Obviously I did not think this was the delivery of my tyres but maybe the delivery of dvd's as my son often has this type of delivery.

After signing and taking the bubble envelope, I immediately became concerned as it felt empty. I immediately opened it while the courier was just leaving my door and found that it was the invoice for my two tyres. I asked the courier for my tyres and she said that this was all she had to deliver. I did ask her if I could remove my signature from her electronic pad as I have signed for the delivery of tyres which I obviously hadn't received. She said that was not possible.

To cut a long story short, the supplier has said that because I signed for the delivery they can not really do anything. They used a private courier who I have spoken to, he sent it via DHL. DHL have said that an investigation will need to be initiated by the person who paid for the delivery.
I have now asked the courier the supplier used to request an investigation, who has informed me that he is only insured up to £50.

Please can anyone advise whether I will be covered by Section 75 as I signed for delivery, which yes I did but for the delivery of an invoice! Not a delivery of two tyres.
Many thanks for any advice received.

Doc_N

This isn't the right forum for you - this is the Grabbit forum.

However, the answer is yes, you are covered by S75. It's a matter of evidence as to what you signed for - an envelope or an envelope plus the tyres. If the courier will support what you say, you're home and dry. Even if he doesn't, it's, as I say, a matter of evidence - your word against his.

In practice, you probably won't even need to make a S75 claim. DHL will probably sort it out for you. If they don't though, S75 will apply, and if M&S accept what you say (which in practice I imagine they will) you'll get a full refund. My only reservation would be that if the actual cost of the tyres was £100 or less (with the cost of the carriage taking it over £100) S75 will not, technically, apply. Again, though, I would expect a decent card company to help you in this situation.

sleepybagpuss

Thanks for the advice.

And yes. after posting I did realise that I am in the incorrect forum, but I am having real problems trying to start a new thread. I do not seem to have the 'new thread' button at the top of any board that I search. I therefore was trying to search how to start a new thread when a board came up with the 'new thread' button. I thought I'd give it a try and then realised I had added it to that forum! I am still trying to find out why I don't have the button.

Thanks again

adrienne1945

This may not be the correct forum but what a reminder to us all to be careful what we sign for. What an amazing scam - and if you think about it how simple. I wonder who the guilty party is, the original supplier (taking money for non existent goods) - the private courier service or DHL or the delivery person (all of whom could be the owners of an Aladdins Cave!!)

Lynsey

Was this an ebay item by any chance??

Lynsey

sleepybagpuss

No it wasn't an ebay item.

It was an online supplier and they have informed me that they did not originally send the invoice out in a bubble envelope but in a normal sized envelope which was taped securely to the two tyres. Their courier also confirmed this. After finding out this, on closer inspection of the bubble envelope it is obvious the original envelope has been cut out around my address and DHL coding slip, and attached to the bubble envelope! Although DHL have said that it may have just become separated from the tyres... but it does seem very suspicious that it seems to be disguised as a small type parcel.

Lynsey

Good luck.

Lynsey