DPD faked signature

soolin

TIM67 wrote: »

TIM67 wrote: »

is it possible for legal action:money:

With proof of delivery I can't see what legal action you can take if you haven't done as per my earlier suggestion first.

I have also re read your original post and am still unclear about certain things. Why did you supply a formal signature and driving license for a simple purchase, were you expecting something to go wrong as this is not part of a normal purchase procedure. If I buy something from Nike today I pay by card or PayPal and they ship, I certainly don't have to supply signatures or ID. I assume there was something odd (that's not the right word as I don't want to sound accusatory but I can't think of a better one) about your order, so what were you trying to do to need to add additional ID ?

wesleyad

I thought the company is liable until it is handed to resident. If they have no signature and only a geotag then akl that means is they left it somewhere which is not good enough to satisfy the OP consumer rights. Legally all the OP would have to do is say "produce the signature" and they'd say they cant.

davidmcn

I don't see why the OP shouldn't pursue it. The standard of proof is only the balance of probabilities i.e. the court being persuaded that it's more likely it wasn't delivered than it was. I don't think we've been told how much money we're talking about, but I would expect it to be cheaper for the retailer to settle rather than pay lawyers to defend.

soolin

wesleyad wrote: »

I thought the company is liable until it is handed to resident. If they have no signature and only a geotag then akl that means is they left it somewhere which is not good enough to satisfy the OP consumer rights. Legally all the OP would have to do is say "produce the signature" and they'd say they cant.

Legally item needs to be delivered to an address, not a person. How many couriers or RM post people do you know that have ever asked you for Government ID, and have your signature on file to prove it matches one that you gave when you ordered a parcel? In fact have you ever been asked to provide a legal verified signature when ordering goods online?

soolin

davidmcn wrote: »

I don't see why the OP shouldn't pursue it. The standard of proof is only the balance of probabilities i.e. the court being persuaded that it's more likely it wasn't delivered than it was. I don't think we've been told how much money we're talking about, but I would expect it to be cheaper for the retailer to settle rather than pay lawyers to defend.

Defend what? A retalier is unlikely to set a precedent refunding for people claiming lost goods when they have tracking showing delivery - yes they might make a goodwill gesture. On the ebay board there have been instances of a courier making a goodwill gesture though, but I am still intrigued why OP had to provide verified Government ID - this suggests an issue with an address or something non standard about the delivery.

As it is more likely the courier can provide more details I am still suggesting OP tries the suggestion I made in my first post on the 25th.

wesleyad

soolin wrote: »

Legally item needs to be delivered to an address, not a person. How many couriers or RM post people do you know that have ever asked you for Government ID, and have your signature on file to prove it matches one that you gave when you ordered a parcel? In fact have you ever been asked to provide a legal verified signature when ordering goods online?

But this happens all the time on here? To prove they have delivered to address they need to show a signature, or show they have relinquished their responsibility by delivering to a pre agreed safe space (or the retailer takes a risk and allows it without pre permission).

If the courier cannot provide any signature, photo or anything other than a geo trace, that's clearly not good enough (they could have just left it on the doorstep)

soolin

wesleyad wrote: »

But this happens all the time on here? To prove they have delivered to address they need to show a signature, or show they have relinquished their responsibility by delivering to a pre agreed safe space (or the retailer takes a risk and allows it without pre permission).

If the courier cannot provide any signature, photo or anything other than a geo trace, that's clearly not good enough (they could have just left it on the doorstep)

Unfortunately some couriers do leave parcels on the doorstep or behind bushes or over fences, just have a browse of various sub boards on here. That's why I suggested contacting the courier (my first post) which OP seems reluctant to do.

Some retailers require a signature, not of the addressee but of anyone. I take in a lot of parcels for my grown up children and spouses and sign my own name when asked, not theirs- and my DIL doesn't even have the same surname.

However most are just left with me, no signature required . Online retailers take a number of different payment methods, credit cards for,instance do not require parcels to be signed for to confirm delivery, PayPal is another much used payment method and again for items up to £750 they only require courier or RM online proof of delivery.

eddddy

soolin wrote: »

Defend what?

Defend a claim in the small claims court for breach of contract, presumably.

If the retailer won't refund (and the CC company won't refund), the OP could make a claim in the small claims court to get their money back.

soolin

eddddy wrote: »

Defend a claim in the small claims court for breach of contract, presumably.

If the retailer won't refund (and the CC company won't refund), the OP could make a claim in the small claims court to get their money back.

Who would the claim be against? Retailer has proof of delivery and CC company seem happy with that as well. There's no requirement for a signature unless the OP made it part of the contract at point of sale and it was accepted by retailer.

I'm obviously going round in circles but I still feel a little more investigation with the courier first might be more useful. As would an explanation as to why the OP had to provide verified ID and a signature to order from a company that does not normally require anything of the sort. If OP intends to go to court then showing they had tried to get additional delivery info from the courier can only help their case. As suggested previously, couriers often have more information, even GPS tracking which could easily sort out if something was misdelivered or not.

eddddy

soolin wrote: »

Who would the claim be against?

The claim would be against the retailer for breach of contract.

The OP says that the goods were not delivered - failing to deliver the goods would be a breach of contract.

soolin wrote: »

Retailer has proof of delivery and CC company seem happy with that as well.

No - the retailer has some evidence of delivery, which they could present to the court - but the court may not take too much notice of a piece of paper called a "proof of delivery" printed out from a computer system, without any supporting evidence.

An example of supporting evidence would be if the retailer could present a sworn witness statement from the delivery driver stating that he/she remembered delivering the item. (Or perhaps some other evidence of why their "proof of delivery" system is infallible.)

And the OP could present a sworn witness statement stating that he/she was at home at the time in question, and no item was delivered.


The court would then decide who they believe (on the balance of probabilities) and determine the case accordingly.


Edit to add...

But court action should always be treated as a last resort. The OP should try to settle the claim in other ways first.