Parcel Signed In My Name when I was at work Tracker proof

LouLou05

Hi all
I’m new here and was hoping you could help.
I purchased some apple airpods from bt shop online. They were shown as delivered and signed for by me on 02.10.18 at 10:20 by parcelforce. At the time I was in a meeting at work nowhere near my address and my husband was at work, and no one was home. I am on a tracker for work so contacted bt shop immediately and have them copies of my tracker and advised that it wasn’t my signature and that I had proof I wasn’t home at the time. They launched an investigation with parcelforce and said as the tracker information showed the driver in the area they were signed for I would not be entitled to a replacement or a refund. I escalated this and the manager advised the same thing and said the tracker information was not proof as anyone could have been driving my car (accusing me of defrauding the hmrc and my works). As I had paid on PayPal I escalated the case to them and they said as by shop had proof of postage they couldn’t help me either i would need to contact bt shop again. It’s been two weeks of correspondence now and I am still being told I can’t have a replacement or refund and the case is closed by both bt and PayPal.
Please can anyone advise what I can do next I was thinking of small claims court but how can a big company like by get away with treating customers like this surely I have consumer rights when I can provide my goods have been fraudulently signed for.

DoaM

Sue them in the County Court? (Google for MCOL) Send them a LBA first.

theonlywayisup

You were never going to win a Paypal case as the seller has proof of delivery (not proof of postage as you suggest).

You can appeal the case but you need to do it quickly and you need to have some evidence that the item hasn't been delivered. If you fail on the appeal then proceed as per post 2.

You could in the meantime try social media - I have no idea how proactive BT are.

unholyangel

Ask your employer to write a letter stating you were at work that day. Include it with a letter before action to BT shop stating that as goods remain at their risk until they come into your physical possession or the possession of someone identified by you as being authorised to receive the goods (as per the Consumer Rights Act) and that as you can prove you werent at home that day and did not identify anyone else as being authorised to receive them, you're confident a court will agree that risk has not passed and BT shop remain liable. Give them 14 days to refund/replace, stating if this is not done you may issue proceedings against them without further communication at which time their liability for costs is likely to increase.

Perhaps also offer a copy of the signature on your passports/licence.