Courier has done a runner - any suggestions?

MartinSpoon

Hi all,

First of all, I'm pretty sure there's no options left here, but I thought I'd throw it open to MSE to see if anyone has any good ideas. Secondly, the person responsible has already had a "you shouldn't have done it" speech from me, so I don't need to hear it again!

MotherSpoon purchased a piece of antique furniture online - from everything we can gather, the retailer is reputable, active within the online communities, and has been very communicative. The retailer deals privately only. MotherSpoon did not pay by CC (failure 1, no Section 75).

MotherSpoon was then recommended a courier by the retailer, and MotherSpoon arranged this independently with the courier herself (failure 2). From what I can gather, it's a man and his van job. Courier has not been paid yet.

The courier collected the goods (according the retailer), but has not appeared, and can not be contacted. It has been a few weeks. This has been reported by MotherSpoon to the police, and 3 forces are involved because of the 3 locations involved (retailer, MotherSpoon, and courier's supposed base of operations).

Now... the retailer has been very sympathetic (they recommended the courier so has said that they feel partially responsible), however - they have made a point of stating that the their contract with MotherSpoon was completed when the goods were handed over to the courier.

From my understanding of distance selling rules, the retailer is right - the contract was satisfied when the goods were handed to the courier. As I said, there was no CC involved so no section 75. It all screams scam to me, but MotherSpoon insists the retailer is to be trusted (I'm still not convinced).

All the same, I hand it over to the smart of people of MSE to make any wise suggestions!!!!!

Thanks all for reading

somethingcorporate

Are you suggesting the retailer and the courier could be in on it?

Do you have details of the courier? if you have a name and address send them a letter before action and then sue them if they do not comply.

Hazel1980

Can the courier not be contacted by anyone? Must be a very expensive item to be worth it to do a runner!

Does sound like a scam but who know's, maybe the courier is dead and that's why he can't be contacted?!

arcon5

Who booked the courier?

MartinSpoon

No one is able to make contact with the courier, that's why the police are now involved. I'd assume MotherSpoon's item was not the only thing in his van when he disappeared! We did fear an accident to begin with - the day he was meant to appear was the day of the terrible weather and storms...!

arcon5

MartinSpoon wrote: »

No one is able to make contact with the courier, that's why the police are now involved. I'd assume MotherSpoon's item was not the only thing in his van when he disappeared! We did fear an accident to begin with - the day he was meant to appear was the day of the terrible weather and storms...!

Who booked the courier?

If the retailer did then forget the courier, and insist the retailer refund you -- its their problem to chase the courier as their side of the contract is NOT fulfilled until you take receipt of the goods on same condition sent.

If you, scrap the above and oh dea, I wish you all the best.

Hazel1980

arcon5 wrote: »

Who booked the courier?

If the retailer did then forget the courier, and insist the retailer refund you -- its their problem to chase the courier as their side of the contract is NOT fulfilled until you take receipt of the goods on same condition sent.

If you, scrap the above and oh dea, I wish you all the best.

OP said Motherspoon booked courier.

Has the courier been reported as missing by his family and have the police been to his address? He must have had some very valuable items to be worthwhile doing a runner!

MartinSpoon

Hazel1980 wrote: »

OP said Motherspoon booked courier.

Has the courier been reported as missing by his family and have the police been to his address? He must have had some very valuable items to be worthwhile doing a runner!

I don't know.. I hope the police are looking into that though!

unholyangel

Ok, suggestion number 1 is to contact citizens advice, consumer direct, trading standards. They may be able to advise you on what courses you have available to you (ie whether there is anything that means the retailer can be held partially responsible - i doubt it but you never know unless you ask). May also be worth checking your house insurance if you have legal cover to see if they can provide assistance with this matter.

Suggestion number 2.........is the courier registered as a business? Normally you claim from the company and they claim from their insurance.....not sure if it is entirely possible for you to get the insurance details and make a claim yourself.

Flyboy152

MartinSpoon wrote: »

Hi all,

First of all, I'm pretty sure there's no options left here, but I thought I'd throw it open to MSE to see if anyone has any good ideas. Secondly, the person responsible has already had a "you shouldn't have done it" speech from me, so I don't need to hear it again!

MotherSpoon purchased a piece of antique furniture online - from everything we can gather, the retailer is reputable, active within the online communities, and has been very communicative. The retailer deals privately only. MotherSpoon did not pay by CC (failure 1, no Section 75).

MotherSpoon was then recommended a courier by the retailer, and MotherSpoon arranged this independently with the courier herself (failure 2). From what I can gather, it's a man and his van job. Courier has not been paid yet.

The courier collected the goods (according the retailer), but has not appeared, and can not be contacted. It has been a few weeks. This has been reported by MotherSpoon to the police, and 3 forces are involved because of the 3 locations involved (retailer, MotherSpoon, and courier's supposed base of operations).

Now... the retailer has been very sympathetic (they recommended the courier so has said that they feel partially responsible), however - they have made a point of stating that the their contract with MotherSpoon was completed when the goods were handed over to the courier.

From my understanding of distance selling rules, the retailer is right - the contract was satisfied when the goods were handed to the courier. As I said, there was no CC involved so no section 75. It all screams scam to me, but MotherSpoon insists the retailer is to be trusted (I'm still not convinced).

All the same, I hand it over to the smart of people of MSE to make any wise suggestions!!!!!

Thanks all for reading

Not necessarily. Under typical circumstances, when the goods are dispatched, the contract is formed. Under the DSRs, the contract is "satisfied" (for the want of a better word) seven working days after the date of delivery. It could all depened on how the contract was formed between you, the courier and the seller.

On another point, if the seller makes a living by selling antiques, the concept of "The retailer deals privately only," does not exist. I suspect he uses this "term" as an excuse to attempt to ignore his liabilities under DSRs and the SOGA.

texranger

unholyangel wrote: »

Normally you claim from the company and they claim from their insurance

only if they are a limited company, if they are a sole trader then you are claiming from the person who seems to be related to Houdini ( don a vanishing act)