IJT Direct - Refusing refund, theft of parcel

divepro

Good evening all.

I would much appreciate you help on this incident.

I ordered a printer from IJT direct this early this week. The delivery was arranged with DPD for Thursday. I changed the delivery time online and this was accepted for Monday the 21st July.

However, the parcel was delivered on the thursday and to a neighbor (Who I don`t know personally). I received a email confirming the parcel had been delivered (even with a photograph of my neighbors door).

That afternoon I went to see the neighbor. He told me that nothing had been delivered. Ok. I called up the Supplier and DPD and notified them of the situation. DPD advised that they would return the next day (today) to knock on the door of the neighbor and confirm identity. The driver arrived and stated that the neighbor was the one who had signed for it (albeit under a different name). The neighbor blankly refused that he had received any delivery. I contacted the police, as it is now clear theft - either the driver or the neighbor).

They have opened a case file and I am waiting for an appointment from their team. I have contact details of both neighbor and driver (Hopefully correct).

I also contacted IJT direct - the supplier and asked them what they were going to do about it concerning a replacement

This was their emailed response.....

Good Afternoon,

Regarding order number ,,,,,,,,,,,,. Further to our conversation earlier, as this has now been confirmed by DPD that the parcel has been delivered and signed for by your neighbor and the police are now involved as to the theft of your order, unfortunately we will need to leave this in yours and the police departments hands and are unable to get involved in the matter any further

Kind Regards
Operations
IJT

Can anyone please tell me what my next step is?

cookie365

Tell IJT to either send you the printer you ordered, or refund your money.

If the printer has been stolen, it's been stolen from them, and not from you.

divepro

Thanks Cookie. However IJT are making it clear that they are not getting involved any further ie: no refund

frugal_mike

Tell them that under the Consumer Contract Regulations 2013 (and I believe also the Sale of Goods Act 1979), the goods remain at the sellers risk until delivered to you or someone named by you. They owe you a refund or a replacement.

frugal_mike

Also did you pay by Credit Card and was the printer more than £100 excluding delivery? If so you can make a Section 75 claim against the credit card company.

If either of those conditions is false you may be able to make a chargeback by calling your card provider.

shaun_from_Africa

frugal_mike wrote: »

Tell them that under the Consumer Contract Regulations 2013 (and I believe also the Sale of Goods Act 1979), the goods remain at the sellers risk until delivered to you or someone named by you. They owe you a refund or a replacement.

One slight but very important correction to the above statement.
The SOGA and the Supply of goods and services (Jersey) (IJT are Based in Jersey) states that the goods remain at the sellers risk until delivered unless otherwise agreed.
If during the purchase procedure, the customer ticked a box stating that they agreed to the stated terms and conditions, one of which is:

Retention of Title.
All ownership, title and risk of loss and/or damage in the goods purchased shall pass to you at the point and time at which the goods are allocated and/or charged to your card or account. The sale takes place in Jersey and is concluded in Jersey.

then there may not be much they can do to make IJT liable.

divepro

frugal_mike wrote: »

Also did you pay by Credit Card and was the printer more than £100 excluding delivery? If so you can make a Section 75 claim against the credit card company.

If either of those conditions is false you may be able to make a chargeback by calling your card provider.

@ Mike
The total cost of the printer and cartridges (they do deals) was £86 and some change. I made payment by Mastercard. Can I not just chargeback this amount on my card with Mastercard as I have opened a police file, in the event Mastercard require evidence of why I am cancelling this payment? Update - Police appointment booked for tomorrow morning at 10am.

divepro

shaun_from_Africa wrote: »

One slight but very important correction to the above statement.
The SOGA and the Supply of goods and services (Jersey) (IJT are Based in Jersey) states that the goods remain at the sellers risk until delivered unless otherwise agreed.
If during the purchase procedure, the customer ticked a box stating that they agreed to the stated terms and conditions, one of which is:

then there may not be much they can do to make IJT liable.

I don`t remember ticking any box, but I don`t see anything about this on their website in their terms - Surely it should be there? Correct me if I`m wrong.
This is absolutely ridiculous though, as they are now putting the responsibility on me. Shoddy customer service to say the least.

shaun_from_Africa

http://www.ijtdirect.co.uk/terms/

It's about half way down the page.
That term is legal (but I fully agree with you that it's extremely poor to have such a term in a consumer contract).

Hopefully MasterCard will agree and will refund your money.

frugal_mike

Ok, I just checked the actual text in The Sale of Goods Act and this says that the risk passes to the consumer when property in the goods passes to the consumer, even if delivery has not been made yet. Unless agreed otherwise, property passes to the consumer as soon as the contract is formed so is of no help in these situations afterall.

This is contradicted by The Consumer Contract Regulations, which says that the risk remains with the seller if the seller arranges the courier, with no exceptions. But if the company is not under UK jurisdiction then that law doesn't apply (thanks for pointing that out shaun).

Does the EU regulation that that law is based on apply to Jersey? And does that regulation also say the same thing about the passing of risk, or is that an enhancement we made in the UK?

DevCoder

No, we (in Jersey) have not implemented that EU regulation, or the consumer contracts regulation 2013

We have our own SOGA and DSR which are very similar to the UK ones but with some subtle differences


http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce/consolidated/05/05.130_DistanceSellingLaw2007_RevisedEdition_1January2009.htm

http://www.jerseylaw.je/law/display.aspx?url=LawsInForce\htm\LawFiles%5c2009%2fL-14-2009.htm