Recent Online Order Missing In Post

HappyGuy

Last month I made an online purchase from a company I have bought from on occasion in the past. I used my credit card for the purchase.


The following Monday 15th Feb at about 8am, the postman rang my buzzer asking me to let him into the building as he had a signed for package for me. I live on the second floor in a block of 6 apartments. I opened the door to my apartment but nobody came up the stairs. I went downstairs about 20 minutes later to check but there was no sign. I assumed he had rang a few buzzers (as he often does) and maybe the signed for package was for a neighbour.


I went out a little later and noticed a typical red Royal Mail 'we called but you weren't in' type slip screwed up and thrown in the top of my dustbin. I pulled it out and it had my name and a tracking ref on it along with a note saying it was at my local post office for collection. Later on that day, I logged on to Royal Mail and checked the tracking details. Surprisingly it said someone at my address with my surname had signed for it. The signature was nothing more than a illegible squiggle.


The only person I live with is my girlfriend and she left early that day. So I was the only person at home when the package was supposedly delivered. At the time, I wasn't entirely sure who it had come from but contacted the company I made the online order with and confirmed it was from them. I have called and emailed several times asking them to follow this up with Royal Mail however their response was simply to tell me it was my responsibility to follow up with Royal Mail.


On occasion in the past, I have had important Royal Mail signed for post just left in my post-box. So I suspect the postman may have signed on this occasion. I would prefer if he didn't do this but I have never had cause to formally complain. At the same time, I do not believe any of my neighbours would have stolen a parcel with my name on it nor within the 20 minutes or so before I went downstairs to check my post-box.


I raised a formal complaint by telephone with Royal Mail on the same day the package went missing and was told I would receive a response within 3 working days. After 5 days of hearing nothing, I emailed Royal Mail asking if the complaint had been looked into. I received a response apologising for the delay and that I should expect a response within a maximum of 10 working days. That deadline has now passed. I emailed again earlier this week and still had no response.


I'm not too sure what to do anymore... I have been ignored by both the company I placed the order with and Royal Mail. A friend suggested I escalate the situation by reporting it to the police as someone has effectively committed fraud by signing my name. However it seems a little extreme over £50.


Also, I feel like the online company I placed the order with should be doing more to help. They simply do not want to know and the Director was in fact really rude in his last email after I asked him to help. Is there anything in the distance selling regulations that might help clarify this?

unholyangel

Who was the company you ordered from and how did you pay for it?

HappyGuy

I paid for the goods using a Visa Credit Card. I would rather not name the company on here as I don't want to name and shame. Thank you for any advice you can give unholyangel.

theonlywayisup

If you don't want to share the company details, then you need to take the issue up with your Royal Mail delivery office in person. Lodge a complaint with them.

bris

It's hardly naming and shaming as the company has done nothing wrong. They have proof the item was delivered there is nothing more they can do. The fault lies with the post man or a neighbour not the company.

Poppie68

Have you spoken to your neighbours, one of them has it or do you suspect the postman of stealing?.

unholyangel

bris wrote: »

It's hardly naming and shaming as the company has done nothing wrong. They have proof the item was delivered there is nothing more they can do. The fault lies with the post man or a neighbour not the company.

Eh yes they have. Consumer rights act states:

Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

The risk remains with them and they are misleading the OP by telling them its nothing to do with them and up to the OP to chase.


OP contact your credit card company and start a chargeback if the goods are under £100 or a section 75 claim is they are over £100.

HappyGuy

theonlywayisup wrote: »

If you don't want to share the company details, then you need to take the issue up with your Royal Mail delivery office in person. Lodge a complaint with them.

Already filed formal complaint with Royal Mail. It's been with them for over 3 weeks now and they have given no comments on it. From all my chasing, I finally did receive an email from RM this afternoon saying they are still looking in to it.

HappyGuy

bris wrote: »

It's hardly naming and shaming as the company has done nothing wrong. They have proof the item was delivered there is nothing more they can do. The fault lies with the post man or a neighbour not the company.

I was pretty shocked at the response given by the company. They simply were not interested in helping me. When I pushed them to help, I got a very rude email from the Director.

Poppie68 wrote: »

Have you spoken to your neighbours, one of them has it or do you suspect the postman of stealing?.

I suspect the postman. But Royal Mail haven't told me anything and it's been nearly a month. Surely the first thing they would do is request a statement from that particular postman who was in possession of the package.

HappyGuy

unholyangel wrote: »

Eh yes they have. Consumer rights act states:


The risk remains with them and they are misleading the OP by telling them its nothing to do with them and up to the OP to chase.


OP contact your credit card company and start a chargeback if the goods are under £100 or a section 75 claim is they are over £100.

This is really helpful. Exactly what I was after. Thank you. I will email the company once more quoting the Consumer Rights Act and request a refund. Failing that, I will speak to my credit card company about a chargeback.

HappyGuy

Last Attempt To Email The Company...

Hi Simon,

I have not yet received a formal response from Royal Mail.

However I have sought advice on the matter and I would like to bring to your attention the following section noted in the Consumer Rights Act 2015:

Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.
(2)The goods remain at the trader’s risk until they come into the physical possession of—
(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.


As we have already established, the delivery of my parcel into my possession never took place, nor to a person selected by me. The carrier (Royal Mail) was employed by The Chichester Biltong Company, therefore you are responsible for the full resolution of the issue I have brought to your attention.

I think it is fair to offer you a further 72 hours to resolve this satisfactorily. Failing that, I have been advised to raise a chargeback through my credit card provider. I appear to have sufficient grounds to do so.

Lastly I found the tone and bullish attitude of your previous email very unprofessional and belittling. I was simply asking for a reasonable customer service in resolving this issue, which as a UK based company you should provide as standard.