Item signed for but not delivered.

whatdoidoo

Thanks for the replies everyone.

The company is UK Mail, it has still not come today and was said to be delivered on Saturday. The retailer says that delivery was confirmed and signed for at the address and therefore there is nothing they can do. Although, the printed name on the signature does not match anyone at this address.

What should my next steps be and what are my legal rights in terms of the ombudsman/trading standards and so on? I understand it would be easier if the retailer could sort something out be in the case that they don't want to as this seems the way...

bod1467

Letter Before Action to the retailer for failure to deliver? (The contract was for them to deliver to YOU, which they have failed to do). That might buck their ideas up. Have you tried their head office/contacting the CEO department?

As the item was more than £100, did you pay by credit card? If yes then you could look at a Section 75 claim against the CC company (who would then reclaim from the retailer).

Time to name and shame the retailer.

unholyangel

whatdoidoo wrote: »

Thanks for the replies everyone.

The company is UK Mail, it has still not come today and was said to be delivered on Saturday. The retailer says that delivery was confirmed and signed for at the address and therefore there is nothing they can do. Although, the printed name on the signature does not match anyone at this address.

What should my next steps be and what are my legal rights in terms of the ombudsman/trading standards and so on? I understand it would be easier if the retailer could sort something out be in the case that they don't want to as this seems the way...

Next step imo is a Letter Before Action - stating they are in breach of contract and that they should either refund in full or complete the contract as agreed.

If you've never written an LBA before, google for a template, it will give you an idea of what to write. Keep to the facts and keep it simple - dont go into explanations or go into emotions (angry,upset, disappointed etc). State what the problem is (theyre in breach as theyve failed to deliver), what solution you want (full refund of contract completed) and give them a reasonable deadline to do it by (shortest deadline I'd give would be 14 days). State if they fail to conclude the contract as agreed or (alternatively) fail to refund, you will be filing against them in small claims at which time you will also be seeking costs.

whatdoidoo

Would the small claims court not rule in favour of the retailer though because they have been given a signature and far as they are concerned that's "everything reasonable they can do" sort of thing. I suppose it's fair game to assume delivery at the correct address if they have a signature and in their eyes it's not for them to be like "do you have photo ID at the door can you prove who you are" sort of thing I would imagine delivery is good enough at their end?

I'm not sure what else the court could have asked them to do, like I said photo ID or something would be the only sure confirmation of delivery to the right person really and no one does or is expected to do that.

frugal_mike

They have a signature, but if that's all they have and its not your signature then it isn't proof it was delivered to you. Now if the signature gadget has gps and it uses that to show the location of the signature, and that location is at your address, and the courier shows a picture of your front door then maybe that kind of evidence would be enough.

jackieblack

whatdoidoo wrote: »

Would the small claims court not rule in favour of the retailer though because they have been given a signature and far as they are concerned that's "everything reasonable they can do" sort of thing. I suppose it's fair game to assume delivery at the correct address if they have a signature and in their eyes it's not for them to be like "do you have photo ID at the door can you prove who you are" sort of thing I would imagine delivery is good enough at their end?

I'm not sure what else the court could have asked them to do, like I said photo ID or something would be the only sure confirmation of delivery to the right person really and no one does or is expected to do that.

There are two seperate issues.
1. Your contract is with the retailer. The retailer has not delivered the goods to you.

2. The retailer has a contract with the courier. The fact that the courier has mis-delivered the goods is the retailers problem to resolve.

the_lunatic_is_in_my_head

The easiest place to start is to find the number for the local UK Mail depot, ask to speak with the operations manager, explain the situation and ask them to speak to the driver as they've probably just delivered it to another house and you might be able to track the parcel down.

Although the retailer should do all this if they won't a bit of checking to start is easier than court action.

aldredd

also, see if there are any similar sounding streets nearby.

I work on 'Bridge Road East', but there is also a 'Bridge Road' (actually, it's all part of the same stretch of road), but with different number sequencing - and my parcel got delivered there before.

shaun_from_Africa

I used to live and work in Mauritania (West Africa), and we once had a DHL shipment that went missing and it was eventually traced to their depot in Mauritius.

whatdoidoo

Well the investigations have been carried out and they have spoken to the driver who insists he delivered the parcel at my address. Also, the driver had GPS tracking and it shows that the driver was at my door in Sheffield when the parcel was signed for. But I still maintain that I have not had delivery of the product! How do I go about this as I am fairly confused myself. No one at this address would participate in any foul play so perhaps a neighbour, someone stood around on the street, I've really no idea. Despite the GPS and the driver's word though, is this still satisfactory to say that the parcel was delivered to me?

I'm not sure where to go from here, it would seem as though the evidence is now against me