ASOS, DPD and no parcel

dayzee_2

I am at a loss here and not sure what to do and I keep going round and round with ASOS with no resolution.

I placed an order with ASOS for next day delivery, only they made an error and it was sent as standard delivery. I asked them to cancel the parcel as it would be delivered when no one was home and I was told this was not an issue.

A few days later, I get a text saying my parcel had been delivered to my neighbour a few doors down. Fine, great. I go to collect the parcel only to realise it has been delivered to an empty apartment that has been empty for years. I spend the next few days trying to see if anyone is ever in, only to be told that like I suspected no one lives there. This means I have no idea where my parcel was delivered. Check with all my neighbours and nothing.

I call ASOS and am told, they are doing a DPD investigation give them 5 days. I wait. 5 days later, I am told wait 3 days, then 5 days etc etc over and over. This has been going on since 08-Aug. Each time DPD comes back and says it was delivered to this flat, but there is no parcel. I am told they will collect it, they don't.

Meanwhile, I am being told by ASOS the parcel has been delivered case closed. Or my new fav where on Wed last week, I was offered a refund, only to be told on Sat, no refund as it was delivered.

I have no idea what to do anymore. ASOS does not care and keeps telling me it was delivered to my neighbour, DPD says it was delivered to my neighbour. Meanwhile I have no parcel and am £276 out of pocket.

On 3rd I will raise this with my bank as that appears to be the only way to get my money. However, is there anything else I can do? I raised with their CEO and the response was:

After reviewing the whole e-mail chain, I'm sorry that this has taken a little longer to resolve than we had expected. On your first contact to us, I know you asked for your order to be cancelled, unfortunately it was too late to have your order cancelled as it was already with the carrier. I can see we contacted DPD to return your parcel back to us however this never guaranteed, sadly we were not able to get your order returned to us on this occasion.

Your parcel was delivered successfully on Monday, August 8th 2016 at 14:18, the parcel was delivered and signed for by the neighbour XXXXXX at XXXXX. After hearing you didn't receive this order, we raised an investigation with DPD. The investigation came back after DPD spoke to the driver and checked the GPS tracking, this confirmed that the driver was at the delivery address given I can see that we requested a second investigation on August 22nd 2016, but as the GPS confirmed the delivery, no further action was taken.

We are confident in DPD were thorough in their investigations and we are happy that the parcel has been delivered successfully. We recommend contacting your card issuer to dispute any lost funds. Your card issuer may be in touch with ASOS and we'll be able to provide previous information regarding your accounts to support their investigations. Once they're happy this is a genuine claim, they may refund your account.

Where do I stand and what are my rights? I am in shock that a company can pretty much say, case closed the parcel never was delivered to my address.

I am frustrated and I want my money back, but I also want to make sure no one else has this issue with ASOS as this is so redicilious.

bris

You have to opt for delivering to a neighbour with DPD so you must have allowed this option. If this is the case then you will really struggle here as this would give Asos all the evidence they need to dispute the charge back.


If you didn't opt in to this tell them they have no authorisation to deliver to the neighbour in the first place.

dayzee_2

As far as I know, I have never opted in with DPD to delivery other than my address. I have only been here 6mths and avoid getting parcels delivered here so doubt this is something I would have opted into.

As far as ASOS is concerned they apparently have a policy on their website (I can't find it) that says they can deliver to my neighbour if they choose to.

Fergie76

bris wrote: »

You have to opt for delivering to a neighbour with DPD so you must have allowed this option. If this is the case then you will really struggle here as this would give Asos all the evidence they need to dispute the charge back.


If you didn't opt in to this tell them they have no authorisation to deliver to the neighbour in the first place.

Not according to DPD website. They say leaving it with a neighbour is an automatic process. So what possibly looks to have happened is that someone was passing empty flat when parcel was being delivered, said they lived there and then kept the parcel?

http://www.dpd.co.uk/content/how-can-we-help/help.jsp
Not going to be in?

• Get my parcel anyway

That's fine, we will automatically try to leave your parcel with your neighbour if you're not in.
Not everyone gets on with their neighbours, so if you want to tell us your preferred neighbour, or a safe place at your property, enter your reference number here and see your options.

I would say that missing parcel is ASOS/DPD's problem and not the OP's. IMO, they should either deliver a new one or refund.

Did you pay on credit card? If, so maybe try a S75 claim?

Thread similar to yours from a couple of years ago - http://forums.moneysavingexpert.com/showthread.php?t=5128705

dayzee_2

Thanks!

I am going through the process of S75 but Tesco won't let me do it until it has been a month, which is later this week.

As for where the parcel is - I have no idea. All I know is this has left a very sour taste and I am not sure I want to use ASOS again.

The whole attitude of go via your credit card is annoying, as they parcel was never delivered to me, and there are signatures etc that all back this up.

oldoakey

I have had this happen to my daughter in very similar circumstances the delivery company said they had delivered the parcel to our address when we knew they had not.

in the end I demanded the proof of delivery signature POD and as they could not provide that they then caved in and admitted liability and refunded my daughter within the week.

Good Luck

Manxman_in_exile

Have you pointed out to ASOS that DPD claim to have delivered your parcel to an address unoccupied for some time? If they couldn't deliver to you because you were out, how did they successfully deliver to a similarly empty property?


Have you reliable evidence that the other place is unoccupied? Like an estate agent's or letting agency's board who could confirm it's empty. Would help support your claim against ASOS or your s75 claim,

unholyangel

Okay email ASOS, keep it straightforward and to the point:

On x date you ordered x items totally x amount. Consumer Rights Act states that risk does not pass to the consumer until the goods come into the physical possession of either the consumer or a person identified by the consumer to take possession of the goods. That means that risk hasn't passed yet, the goods are still at ASOS's risk, they are in breach of contract and should refund without any further delays.

If they still ignore it, repeat the same in a formal letter but include at the bottom something like "if you do not resolve this matter in a satisfactory manner, you reserve the right to issue legal proceedings without further communication or warning at which time their liability for costs might increase.


EDIT: perhaps also point out that their POD proves their breach of contract (ie that they did not deliver to you or a person identified by you).

unholyangel

dayzee wrote: »

As far as I know, I have never opted in with DPD to delivery other than my address. I have only been here 6mths and avoid getting parcels delivered here so doubt this is something I would have opted into.

As far as ASOS is concerned they apparently have a policy on their website (I can't find it) that says they can deliver to my neighbour if they choose to.

Its not in their T&C's, rather its in the help questions section under delivery and then "what happens if i'm not in when my order arrives?"

What it says is:

Someone needs to be in when your parcel is due to be delivered as we may need a signature. Don’t worry if you aren’t as our carrier usually tries to deliver more than once.

Alternatively they will leave a card confirming they have either left it with a neighbour, left it in a safe place, when they will try to redeliver or give you details on how to collect it.

However being in their help section doesn't make it a term of the contract. And even if it was, it doesn't change when risk transfers and the short version of the story is that you did not identify the individuals at number x your street as being authorised to receive it.

Nor does the agreement between ASOS & DPD have any bearing on the agreement between ASOS & you