Courier left package on my doorstep, got neighbour to sign for it and it was stolen

shaun_from_Africa

ohreally wrote: »

I think not...


Highly clustered satellites can result in large positional errors, up to several hundred meters. Although there is little that can be done to improve the situation in enclosed spaces.

How often have you come across a satnav in a car that is only accurate to within "several hundred meters"?
If this was the case, these devices would be useful as paperweights and not much else.

Adamski707

Paid by credit card. If game don't end up giving me a refund, I'll see if I can get a refund from the credit card company

DoaM

I'd suggest contacting Game (email is OK) to advise them that if they don't refund by X date then you'll seek the refund via the credit card company with a Section 75 claim. (The CC company may then claim the funds back from Game whilst also adding admin charges).

boo_star

shaun_from_Africa wrote: »

How often have you come across a satnav in a car that is only accurate to within "several hundred meters"?
If this was the case, these devices would be useful as paperweights and not much else.

You're not wrong but the OP lives in a flat. Most flats are not like the council blocks of old with external walkways (and even those might prove problematic in some circumstances.). They tend to have walkways inside the building, which makes a GPS co-ordinate at best "somewhere inside the building."

Adamski707

Well, game are still giving me the runaround! After a full week, their investigation has concluded that the 'delivery was successful' given that it has been signed for. Once again their customer service tried to shake off all responsibility, saying I should raise a police dispute with my neighbour. I've sent them an email carefully detailing all the facts and referencing the consumers rights act, let's see what happens! It seems everyone I talk to there has a different idea of what should be done...

[Deleted User]

Adamski707 wrote: »

Paid by credit card. If game don't end up giving me a refund, I'll see if I can get a refund from the credit card company

DoaM wrote: »

I'd suggest contacting Game (email is OK) to advise them that if they don't refund by X date then you'll seek the refund via the credit card company with a Section 75 claim. (The CC company may then claim the funds back from Game whilst also adding admin charges).

While this is certainly an option, Game can still contest any refund from the Credit Card which would see it being reversed.

You are on shaky ground here..

naedanger

Moneyineptitude wrote: »

While this is certainly an option, Game can still contest any refund from the Credit Card which would see it being reversed.

You are on shaky ground here..

If the credit card company does not refund, or reverses a refund, then the op can complain to the credit card company and ultimately the Financial Ombudsman Service.

It seems to me the op has a strong case unless the retailer can show the op gave permission for the item to be delivered to the neighbour. The courier maintains the item was delivered to a neighbour and that neighbour denies giving the item to the op. So while neither the courier or neighbour agree on what happened to the item the one thing they agree on is that neither gave it to the op. So I cannot see any grounds for the credit card company denying the claim.

[Deleted User]

naedanger wrote: »

So I cannot see any grounds for the credit card company denying the claim.

The same could equally be said of Game and they are currently refusing to refund.

My point is that it's generally better to exhaust all avenues with the retailer before resorting to a Section 75.

naedanger

Moneyineptitude wrote: »

The same could equally be said of Game and they are currently refusing to refund.

My point is that it's generally better to exhaust all avenues with the retailer before resorting to a Section 75.

I don't agree that it is better to exhaust all avenues with the retailer before resorting to a Section 75 claim. I would give the retailer a chance to remedy the matter since they are usually best able to offer a remedy (and will often do so). However if that fails I would then pursue the credit card company since by complaining to them the customer has the option, at no cost to them, of going to an independent ombudsman.

Furthermore, and more importantly, while the court only looks at the law, the Ombudsman looks at: the law, and standard industry practice, and whether the customer has been treated fairly and reasonably. So more scope for finding in the customer's favour.

If that all fails the customer can still take further action (most obviously legal action) against either the retailer or credit card company.

I would also not read too much into the merits of the case from what the retailer has said.

steampowered

I completely agree that if you do not receive the package, GAME should send another one or refund you. It isn't your problem if the courier left the package with a neighbour who handled it irresponsibly.

If you want to resolve this for free? s75 claim with your bank.

If you want to resolve this quickly? 'Letter before action' giving GAME 14 days to pay-up; followed by issuing a small claim through the MCOL system.

I can almost guarantee that GAME would pay-up as soon as the claim form hits their mat; if not then you simply go to a short hearing at your local county court where I imagine the judge would order GAME to give you a refund.

The advantage of going straight to the small claims route - which you are fully entitled to do provided that GAME does not resolve the issue within 14 days of your letter before action - is that you won't get messed dealing with customer service people and endless time wasting processes. For example the bank has 8 weeks to respond to a formal complaint before you can escalate to the Financial Ombudsman Service!!! The disadvantage is that you have to pay a small fee to issue a small claim (GAME will have to reimburse you for the fee if you win).

Personally I'd try a s75 with the bank first. If I got any pushback from the bank, then I'd go with small claims rather than the FOS.