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

naedanger

steampowered wrote: »

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.

One point to note is that if you start legal action you cannot then go to FOS but the opposite is not the case. That is if you don't like a FOS decision you can reject it and still take legal action. Obviously this point is not really relevant if you are very confident of winning via the courts but for others, who may be less confident of taking legal action, it might be. (That said, I agree going to FOS can be a long, slow process.)

unholyangel

I'd also add that going to court does not guarantee you'll get your money. Getting a judgement is one thing - enforcing it is another.

Theres every possibility going to court to get your money back could take longer than going via the ombudsman. You can refer your complaint to the ombudsman once you have the banks response OR 8 weeks pass without the bank responding.

IMO a well drafted section 75 claim should be the end of the matter as the CRA clearly states when risk passes and the retailer are only able to provide proof that risk didn't pass. The bank would be foolish to turn it down as while the ombudsman does not cost the consumer anything, it does cost the bank.

29Passing 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.

Adamski707

Update: got a voicemail from GAME this morning, saying they're sending me a new one. Thanks for all the help everyone!! Unfortunately they're using the same courier, I hope the same thing doesn't happen again!! I did ring them to see if they could leave any special instructions with the courier - apparently not! The bloke even said to me "don't worry, if you're not in the courier will usually take a package back to the depot" - hmmm....

DCFC79

Adamski707 wrote: »

Update: got a voicemail from GAME this morning, saying they're sending me a new one. Thanks for all the help everyone!! Unfortunately they're using the same courier, I hope the same thing doesn't happen again!! I did ring them to see if they could leave any special instructions with the courier - apparently not! The bloke even said to me "don't worry, if you're not in the courier will usually take a package back to the depot" - hmmm....

Are you able to take the parcel in yourself ?

If not change the drop off point to a local collection point, can you use the app to change the drop of point ?

Adamski707

HOPEFULLY I'll be able to schedule a particular day for delivery this time. Hopefully ...

Adamski707

Actually - looks like it's being delivered by Royal Mail. Which is great; I've never had a problem with RM. I'd still rather they'd given me a refund at this point, but I can't complain too much!

[Deleted User]

Adamski707 wrote: »

I'd still rather they'd given me a refund

Well you can always share the proceeds of selling the "undelivered" one with your neighbour!:D

(Kidding.....I'm glad Game relented)

DCFC79

Have you received the package yet ?