Delivery Company say I signed I was not home

lovinituk · 10 July 2012 at 1:10PM

prowla wrote: »

The seller evidently did not take the requisite amount of care to deliver the item as it did not reach the OP.

The courier's contract is with the seller, not the buyer, and they are the buyer's proxy.

Until it is handed to the buyer and authenticated, it is still the seller's responsibility.

If the courier did not take the requisite steps to confirm address, identity, etc. then it is still the seller's issue.

As far as the seller is concerned it HAS been delivered, it HAS been handed over to the buyer and it HAS been authenticated - as far as they are concerned they have all the information to prove this. Its now up to the buyer to prove it hasn't been delivered and the only proof they have of that at the moment is their word.

With your logic, what is to stop me ordering something, signing for it as 'Mickey Mouse' and then saying I haven't received it because thats not my signature?!

socrates · 10 July 2012 at 2:03PM

lovinituk wrote: »

As far as the seller is concerned it HAS been delivered, it HAS been handed over to the buyer and it HAS been authenticated - as far as they are concerned they have all the information to prove this. Its now up to the buyer to prove it hasn't been delivered and the only proof they have of that at the moment is their word.

With your logic, what is to stop me ordering something, signing for it as 'Mickey Mouse' and then saying I haven't received it because thats not my signature?!

Following that logic

What is to stop any delivery driver (who is on a bonus to complete all his deliveries) signing on behalf of the customer (who is not home) - hoping that the parcel is found and knowing that because of his FORGED signature the customer has very little comeback IF the parcel is not there when the customer arrives home and is none the wiser

I will pursue this case to the bitter end - at this stage I am awaiting PayPal's decision

Following that I will be issuing a Notice before Proceedings against the Retailer and they can argue the toss with the Delivery Company

lovinituk · 10 July 2012 at 2:08PM

socrates wrote: »

Following that logic

What is to stop any delivery driver (who is on a bonus to complete all his deliveries) signing on behalf of the customer (who is not home) - hoping that the parcel is found and knowing that because of his FORGED signature the customer has very little comeback IF the parcel is not there when the customer arrives home and is none the wiser

Unfortunately, nothing!

socrates wrote: »

Following that I will be issuing a Notice before Proceedings against the Retailer and they can argue the toss with the Delivery Company

...or decide to see you in court and request for it to be held at a courtroom near them which you will have to take time off for and travel to!! What proof will you be able to present to the judge? Do you expect the judge to rule in your favour because its your word against their physical evidence?

I am only playing devils advocate here. I do feel for you and hope it gets sorted soon.

socrates · 10 July 2012 at 2:15PM

lovinituk wrote: »

Unfortunately, nothing!

...or decide to see you in court and request for it to be held at a courtroom near them which you will have to take time off for and travel to!! What proof will you be able to present to the judge? Do you expect the judge to rule in your favour because its your word against their physical evidence?

I am only playing devils advocate here. I do feel for you and hope it gets sorted soon.

Quite happy to go to court and as for time off I will make time for a matter like this which is a matter of principal

I do not care about the money its the fact that my signature has been FORGED and that shows me that the driver is morally corrupt and capable of fraud

I am sure you will be the next happiest person if I am successful

lovinituk · 10 July 2012 at 2:22PM

socrates wrote: »

Quite happy to go to court and as for time off I will make time for a matter like this which is a matter of principal

How will you feel if it does go to court with the seller, you lose and have to pay their costs? And then have to start all over again with the courier company?

socrates wrote: »

I do not care about the money its the fact that my signature has been FORGED and that shows me that the driver is morally corrupt and capable of fraud

Of course and I understand that completely. I just don't see why you don't go straight after the courier company? I understand the whole thing about the seller having the contract with the courier etc, but from their point of view, their evidence is solid.

socrates wrote: »

I am sure you will the next happiest person if I am successful

Not sure if I detect sarcasm there but I honestly hope you can get it sorted. Whether the seller pays up or the courier does, it doesn't matter, I will be more than happy for you that it is resolved. And I honestly mean that.

I only mean to highlight the other side of the story. There is probably a thread somewhere on another forum where your seller is complaining about their buyer who is trying it on, saying nothing received even though they have all the proof it has been delivered

socrates · 10 July 2012 at 2:26PM

lovinituk wrote: »

How will you feel if it does go to court with the seller, you lose and have to pay their costs? And then have to start all over again with the courier company?

Of course and I understand that completely. I just don't see why you don't go straight after the courier company? I understand the whole thing about the seller having the contract with the courier etc, but from their point of view, their evidence is solid.

Not sure if I detect sarcasm there but I honestly hope you can get it sorted. Whether the seller pays up or the courier does, it doesn't matter, I will be more than happy for you that it is resolved. And I honestly mean that.

I only mean to highlight the other side of the story. There is probably a thread somewhere on another forum where your seller is complaining about their buyer who is trying it on, saying nothing received even though they have all the proof it has been delivered

What they will not be ready for is the evidence from the graphologist which is very damning - even though everyone thought it was a bad move

I will reveal that evidence after PayPal's decision.....;)

lovinituk · 10 July 2012 at 2:31PM

socrates wrote: »

What they will not be ready for is the evidence from the graphologist which is very damning - even though everyone thought it was a bad move

I don't recall saying it was a bad move - I just agreed with you that you would have to commission one yourself rather than the police hiring one for you.

socrates wrote: »

I will reveal that evidence after PayPal's decision.....;)

Looking forward to it. How much time left before Paypal make their decision? Have you escalated it?

socrates · 10 July 2012 at 2:38PM

lovinituk wrote: »

I don't recall saying it was a bad move - I just agreed with you that you would have to commission one yourself rather than the police hiring one for you.

Looking forward to it. How much time left before Paypal make their decision? Have you escalated it?

Escalated to a claim on 6.7.12

The Graphologist was so disgusted that she is prepared to provide her opinion for free - just that I make a donation to charity - if and when it comes to it

Having seen my signature on several documents and this 'supposed' signature - its an open and shut case - in her opinion

lovinituk · 10 July 2012 at 2:42PM

socrates wrote: »

Escalated to a claim on 6.7.12

The Graphologist was so disgusted that she is prepared to provide her opinion for free - just that I make a donation to charity - if and when it comes to it

Having seen my signature on several documents and this 'supposed' signature - its an open and shut case - in her opinion

Still unsure that this will do you much good in court against the seller, although I am probably wrong. A seller can't know if a signature is real and they can't be expected to hire a graphologist on a regular basis. Excellent evidence against the courier though! An increasingly interesting one indeed!