Monsoon order not received

Alisha2008

unholyangel wrote: »

No. The wording of the act is it coming into the physical possession of a person identified by the consumer. The situation you describe, the wording would need to be something like "the goods enter the physical possession of any person at the address identified by the consumer for delivery of goods".

Retailers may contract with third parties like hermes under terms which allow the courier to deliver to anyone at an address or a neighbour/safe place, but that only affects hermes liability to monsoon, not monsoons to the OP.

Unless monsoon can prove the person who signed was identified by the OP, the liability for any losses or damage remains theirs.

OP could try a chargeback or failing that, a letter before action to monsoon.

I've tried a chargeback with my bank but I don't think I will succeed..

Can you explain what is a "letter before action"? Monsoon has ignored my last email about this issue.

lindens

If you google it, you will get examples and templates which you can copy.
Basically its giving Monsoon one last chance before court action

unholyangel

Alisha2008 wrote: »

I've tried a chargeback with my bank but I don't think I will succeed..

Can you explain what is a "letter before action"? Monsoon has ignored my last email about this issue.

Its basically a succinct letter to them. Title it as such (either letter before action, letter before claim, notice before claim...preferred term varies). Keep it succinct - at least on the covering letter (can add more detail in attached pages if needed). You ordered xyz at total of £x. They claim it was delivered to you on x date at x time. You were not at the delivery address at that time (if you can provide any proof - google maps turned on perhaps or would your employer or any colleagues be willing to attest to seeing you leave?).

As section 29 of the Consumer Rights Act 2015 expressly places risk with them (monsoon) until the goods enter your physical possession or the possession of someone identified by you and you did not identify anyone else nor take possession yourself, the goods remain at their risk.

I'd perhaps mention that while you understand they are potentially facing a loss, it was entirely within their control so they should not be attempting to pass the loss to you. Although you will provide any reasonable assistance required for any investigation by them or the police into the matter.

Then state what resolution you would like - such as replacement order or full refund and then state that if the matter is not resolved within 14 days, you reserve the right to commence legal proceedings without further warning at which time their liability may increase.

Alisha2008

Thanks that's very helpful. I will wait till I hear from my bank about the chargeback, they refunded me the money for now but I expect they will take it away later on, and then I will send the letter.

m0bov

CCTV cover the office?

Alisha2008

No, we don't have CCTV. They said Hermes had provided a google location to prove they delivered here.

JJ_Egan

Could be like my wrong delivery .

Delivered to number 3 not number 31  and signed for as my name .

Householder signed . driver signed  don't know .

As delivery company pinged me on delivery i was able to retrieve parcel .

nyermen

Can you can prove you weren't there (office closed, train ticket, etc)? 
If so, doesnt the evidence of it being signed with your name printed, but with you proving it cant be you, show it was fraudulently signed for and therefore they can't have delivered under the legal definition?

Alisha2008

I don't think I can prove it unless they take my google location from my phone? Office closed but nothing to say so, other 2 offices in the building still open, this is where in theory it was delivered...

I got an email from them saying they have reopened the case with Hermes.. concidentally a week after I did the bank chargeback, so now waiting again...