Parcel not received despite being "signed for"

pink_muppet

On Monday I left work at around 5pm and when I switched my phone on (I am not allowed to take a mobile into my place of work) I had a text saying a parcel had been delivered at 1319hrs and that it had required a signature. I thought this strange as there was no one home at this time.

On arrival at home there was no parcel anywhere or a card etc. through my letterbox. I contacted the courier who informed me that they would investigate and contact me within 24 hours. I asked for a copy of the signature of whoever had signed for it and a description of the person who accepted the parcel.

Tonight having heard nothing I contacted them again, to cut a long story short they told me that the signature was "unclear" and that no description had been given either. They said they would speak to the driver for a description and contact me tomorrow. They gave me an email address to contact for a copy of the signature too.

I have since received an email saying the details I gave are wrong and to contact the retailer or speak to the recipient!

I need advice on where I stand. The item was a birthday gift for someones birthday tomorrow. I have had to buy something else and want a refund. Who is responsible for this? The supplier or the courier? Who should I speak to regarding getting my money back?

bris

The retailer. However if they say it's been delivered you will have a fight on your hands as they will take the signature as delivered.

pink_muppet

bris wrote: »

The retailer. However if they say it's been delivered you will have a fight on your hands as they will take the signature as delivered.

Thanks for the reply, the signature will not be mine or my wifes we work at the same place. The driver cannot/will not give a description of who signed for it either.

I think although I may be wrong that he has signed for it himself and left it and someone has taken it. I paid by Paypal using a credit card so could I not if necessary reclaim my money that way. The item in question cost me £175.00. That's a lot of money to just give up on.

unholyangel

pink_muppet wrote: »

Thanks for the reply, the signature will not be mine or my wifes we work at the same place. The driver cannot/will not give a description of who signed for it either.

I think although I may be wrong that he has signed for it himself and left it and someone has taken it. I paid by Paypal using a credit card so could I not if necessary reclaim my money that way. The item in question cost me £175.00. That's a lot of money to just give up on.

Did you pay via your paypal account or did you just go to a page that said paypal to input your card details?

Paypal probably won't help due to signature. Paypal may prevent you making a section 75 (of the consumer credit act) claim depending on the answers to the questions I asked.

Under the Consumer Rights Act, goods remain at the risk of the sender until they come into the physical possession of the buyer (or someone identified by the buyer as authorised to receive the goods) so providing you didn't sign for it and providing you didn't identify anyone to receive them on your behalf....the seller is liable. Their contract with the courier may permit the courier to leave it with a neighbour or even for the courier to sign it themselves but that is completely independent to your contract (and rights) with the retailer.

pink_muppet

The retailer is now investigating and is being very good about it so far.

Fosterdog

If the details you have given don't match the details the courier has then it sounds like the sender has either addressed it incorrectly, or given you the tracking number for another customers order (who were at home to sign for it).

pink_muppet

Fosterdog wrote: »

If the details you have given don't match the details the courier has then it sounds like the sender has either addressed it incorrectly, or given you the tracking number for another customers order (who were at home to sign for it).

The courier informed me that the tracker on their van confirmed he had been at my address, the retailer has sent me a copy of "my" signature which obviously is not mine. The driver is being evasive as to the description of who was in my house and signed for it, this would be because no one was home.

As I see things now, I think the delivery driver may have either given it to someone who just happened to be stood outside my house, unlikely I think. Or he has signed it himself and left it outside my house and it has been taken by someone.