Yodel courier forged my signature

naedanger

Kanno wrote: »

I bought an item through ebay (paypal payment), parcel was sent via Yodel, I was waiting 2 days at home, nobody came, nobody left calling card, but tracked number online and found that calling card was left. I chose option to collect my parcel from the Yodel depot. Next day I went there and my parcel was not there I was promised they will keep my parcel anyway. Few days later I tracked the number anf found "parcel has been delivered successfully". What a crap!!! I worked that day and could not sign anything!!! I informed the sender but he refused to resend or refund the item. Ebay closed the case as they have proof of delivery but it is not my signature. My neighbours also worked that day, nobody was here, nobody did not sign anything.
Yodel refuses to refund.Their answer:
Whilst I completely understand your frustration with regards to the way your delivery has been handled, I must respectfully advise that Yodel does not provide compensation for consequential loss. Although the order was contracted to Yodel, it was not under the terms of a contract between yourself and Yodel and I hope you can understand our position in this matter.

I have a proof I worked that day - my time sheet, so I could not be at home when Yodel courier arrived.
How can i get any refund?

I don't know about ebay's complaint process. You could perhaps try and explain that they do not have proof of delivery. If they say they do then ask them to show you a copy of their evidence and then highlight its flaws.

However if you get nowhere you should consider suing the seller. However whether this is worthwhile will depend e.g. on the amount of your loss, the likelihood the seller will pay etc.

Don't bother pursuing Yodel directly. They are right to say they have no responsibility to you. (The seller is responsible to you for any failures by their delivery agent i.e. Yodel.)

Fat_Walt

DoaM wrote: »

How did you pay, and what was the value of the item?

(You could investigate chargeback/section 75 ... but the "proof" of delivery issue might scupper things).

Bottom line ... you can always take small claims action against the seller. (NOT against Yodel - you had no contract with them).

He paid "around £60".

LadyDee

OP, if you check out the Ebay forum you might find suggestions as to how best to deal with the situation - it does seem to be quite a common one - seen posts like yours over there before. It might be that contacting Paypal/Ebay you might be able to get them to re-open your claim.

dekaspace

Ebay does have a habit of picking and choosing on their money back guarantee, I remember a few years ago buying a brand new motherboard, seller sent it to the wrong address but he won the item not recieved case as he claimed it was sent to right address and he had a signature (despite the name and signature being a different one from one)

And another time when I sent something and had proof of delivery the buyer won because Ebay wanted proof not only I sent it, but further details which were impossible to get.

Had a few experiences almost all as a buyer that meant I lost money.

Fat_Walt

dekaspace wrote: »

Ebay does have a habit of picking and choosing on their money back guarantee, I remember a few years ago buying a brand new motherboard, seller sent it to the wrong address but he won the item not recieved case as he claimed it was sent to right address and he had a signature (despite the name and signature being a different one from one)

And another time when I sent something and had proof of delivery the buyer won because Ebay wanted proof not only I sent it, but further details which were impossible to get.

Had a few experiences almost all as a buyer that meant I lost money.

It does seem to be a case of heads they win, tails you lose.

agrinnall

LBA to the seller, followed if necessary by small claim.

usefulmale

agrinnall wrote: »

LBA to the seller, followed if necessary by small claim.

What good would that do? The seller has more evidence the item was delivered than the buyer has evidence it wasn't.

daytona0

usefulmale wrote: »

What good would that do? The seller has more evidence the item was delivered than the buyer has evidence it wasn't.

Well;

1. It may scare the seller into a resolution

2. The delivery company only has evidence that it was DELIVERED. They cannot determine whether it was delivered to the wrong address (fault of Yodel), to the correct address, or to the arms of a rogue delivery driver who decided to steal the item using a fake signature.

steampowered

agrinnall wrote: »

LBA to the seller, followed if necessary by small claim.

I agree this is the way to proceed. It forces the seller to take responsibility, or at least do a better job of investigating it (for example get him to push Yodel to get a copy of the signature, to try and see see who signed for it).

The point about LBAs is that it forces people to actually deal with the situation and investigate it properly, rather than just brushing the Op off with a shrug of the shoulders.

usefulmale

steampowered wrote: »

I agree this is the way to proceed. It forces the seller to take responsibility, or at least do a better job of investigating it (for example get him to push Yodel to get a copy of the signature, to try and see see who signed for it).

If the seller calls the buyers bluff (as I would in this situation) then the buyer may have to travel to a court close to the seller, if the seller asks for it.

The T&Cs of Yodel (never used them personally ) probably state 'A signature is obtained'. Doesn't have to be the buyer themselves. The seller, via Yodel, will supply the "!!!!!! scribble" that the OP has already seen.

There is no proof the OP can offer to prove the item has not been delivered.

I agree, if the OP is genuine, that it is a poor position to be in. An INR in reverse almost, which sellers have to suck up all the time, but I don't think the OP helped themselves by jumping in and start banging on about consequential loss