Out Of The Country But Courier Says I Signed

RachyD_3

Hi,

Thanks for reading! I guess this has been discussed before but I can't find any concrete information regarding my rights and I am so stressed out. Any help and advice would be gratefully received.

I'll start by saying I'm in Tobago. I'm not returning home until next week so I thought I'd be smart and do my Xmas shopping online, having it all delivered to my Mum's house (but addressed to me).

I purchased a foot stool from a retailer in Salisbury on Dec 5th with an online shop. I received an order confirmation email after paying via Paypal. The email said the usual thank yous, order number and 'we'll be in touch soon'. So I was satisfied that the order was placed and waited patiently for a dispatch notification.

On Wednesday I decided to email the retailer as I had not received a dispatch notification and no parcel.had been received by my Mum. The retailer, to my surprise, responded within hours to tell me that the parcel was delivered at 1.30pm on December 7th and signed for by myself. I'll reiterate now that I'm in Tobago.

Further emails to the retailer explaining this strange set of circumstances and confirming that the item has not been received have led to a response of 'we dont know what to suggest other than some detective work at home' follower by 'we're jealous that you're in Tobago'.

Needless to say, I'm pretty mad that they're not taking this more seriously. I paid via Paypal and I know I can open a claim there but from a bit of googling it seems unlikely that they'll help me because somebody somewhere has decided that I've signed for this delivery. Is this true? Does the fact that I'm not in the country have any bearing on this do you think? I've never experienced anything other than the usual little hiccups with online retailers and this has really shocked me. It was the most expensive present I've bought this Xmas and I thought twice before placing the order. I'm really upset that someone somewhere has decided to try and do me out of this gift.

I should add that my Mum lives in a large farm house with no neighbours so the parcel can't have been left with somebody else. She has an outbuilding where couriers are accustomed to leaving parcels when nobody is in, and even if it was a courier that had not visited before, the outbuilding is the only dry place for them to leave a parcel. Having said that, she doesn't work and was home all day on the 6th, 7th and 8th of December, during which time she had no deliveries.

If anyone has any advice the I'd be so grateful. Thank you in advance and Merry Christmas!

unholyangel

Try paypal and see what they say - try providing proof that you are out of the country so could not have signed for it.

In future, try and avoid using paypal and paying direct by debit or credit card (if the item is over £100, use credit card). You have chargeback protection with debit & credit cards and purchases made by credit card that are over £100 (even if you only pay £5 by credit card) are covered by section 75 of the consumer credit act - which makes your card company jointly liable with the retailer.

Paypal can break the chain required for section 75 claims - not always though, it depends on the transaction specifics and whether they're acting as an acquirer for the merchant or not.

Perhaps also message the retailer and remind them that under both the consumer rights act and consumer contract regulations, risk does not pass until the goods have come into the physical possession of you or someone identified by you as being authorised to receive the goods. That - as that has not happened yet - the goods remain at their risk and that they cannot make you liable for negligence of their third party supplier (courier).

That is providing the courier was one the retailer offered/chose and not one you contracted yourself.

bris

You don't need to sign for it, the fact they have a signature which shows delivery is enough to reject the claim.


Despite what's written above the goods being delivered to the address is enough to fulfil the retailers obligations as the law considers it delivered.

timjim

But the signature is supposedly the OP's and he/she is in Tobago. Therefore they have no proof of delivery

foxtrotoscar_2

timjim wrote: »

But the signature is supposedly the OP's and he/she is in Tobago. Therefore they have no proof of delivery

Courier's deliver to addresses and not specific people. If my wife signs my name at the delivery address does that mean I can claim non delivery?

steampowered

Let the retailer know that you are not happy and make them investigate with the courier. The first step is for them to investigate it properly rather than fobbing you off.

I think you would need to be clear that the parcel was not signed for by you or your mum (i.e. presumably it was stolen).

Maybe they can get a copy of the signature, so you can see who appears to have signed it?

unholyangel

bris wrote: »

You don't need to sign for it, the fact they have a signature which shows delivery is enough to reject the claim.


Despite what's written above the goods being delivered to the address is enough to fulfil the retailers obligations as the law considers it delivered.

Any statute or relevant case law to support that? Heres mine:

http://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted
http://www.legislation.gov.uk/uksi/2013/3134/regulation/43/made


Why would they draft the law to specifically say physical possession of the person if what they wanted was for it to pass on signature or delivery to premises.

Judges sometimes have to interpret what a phrase might mean. But I really don't think that the phrasing there leaves any interpretation for what you're claiming, especially given it specifically says physical possession and not just possession.

It may be quicker, cheaper and overall more convenient for them not to insist on ID at delivery, but that is their choice & therefore their risk - it is entirely within their control and entirely outwith the consumers control.