Engagement ring delivered to incorrect address

m0bov

As above, do you have Proof of Delivery? Otherwise we are on a road to nowhere....

Jumblebumble

bris said:

You have very little leverage. The address you gave was wrong and the item was delivered so there really is no case to answer.

Getting replies about LBA etc is just false hope, both the retailer and the delivery co did what they were contracted to do.

Let me correct this for you as you don't actually know if this is true so your advice is not helpful
"DX claim that they delivered the item but have not yet provided proof"

simonefox

Pollycat said:

simonefox said:

• Your order will be sent via DX on a fully trackable service & will need to be signed for.
• You will be notified when your order is dispatched and provided with a tracking link. Delivery updates will also be sent by text if your mobile phone number is provided.

The website still says the item will be signed for, with covid they are only taking photos but surely the website should be updated to state this, especially if the item is worth thousands 

So who is in the photo with the delivered item?

Or do you have a photo of a closed door?

That’s my problem, EJ and DX are both refusing to provide the photo, they are just saying there is a photo with the house number. EJ should show me the photo but are saying they cannot as DX have to show me, but DX are saying they cannot and EJ can. So I’m thinking the photo is likely a closed door but that’s just me. It could be any road with a house 27, but let’s pretend it is the neighbours, it still doesn’t show proof. If the website states a signature is required surely this should be done? Even with covid, surely they should update their website within the 11 months since the first lockdown. 

pinkshoes

simonefox said:

Pollycat said:

simonefox said:

• Your order will be sent via DX on a fully trackable service & will need to be signed for.
• You will be notified when your order is dispatched and provided with a tracking link. Delivery updates will also be sent by text if your mobile phone number is provided.

The website still says the item will be signed for, with covid they are only taking photos but surely the website should be updated to state this, especially if the item is worth thousands 

So who is in the photo with the delivered item?

Or do you have a photo of a closed door?

That’s my problem, EJ and DX are both refusing to provide the photo, they are just saying there is a photo with the house number. EJ should show me the photo but are saying they cannot as DX have to show me, but DX are saying they cannot and EJ can. So I’m thinking the photo is likely a closed door but that’s just me. It could be any road with a house 27, but let’s pretend it is the neighbours, it still doesn’t show proof. If the website states a signature is required surely this should be done? Even with covid, surely they should update their website within the 11 months since the first lockdown. 

I'd go back and see the neighbour at number 27, explain nicely that the parcel has now gone missing, and would they be able to sign something to state that they refused the parcel from DX because it was not addressed to them.

The put in WRITING to EJ (you have no contract with DX) stating that the parcel was refused, you have a written statement from the neighbour saying that the parcel was refused, so they either need to re-send the ring or refund. 

You might get further if you push for a replacement rather than a refund. Asking for a refund make sit look more suspicious!

Pollycat

simonefox said:

That’s my problem, EJ and DX are both refusing to provide the photo, they are just saying there is a photo with the house number. EJ should show me the photo but are saying they cannot as DX have to show me, but DX are saying they cannot and EJ can. So I’m thinking the photo is likely a closed door but that’s just me. It could be any road with a house 27, but let’s pretend it is the neighbours, it still doesn’t show proof. If the website states a signature is required surely this should be done? Even with covid, surely they should update their website within the 11 months since the first lockdown. 

Pollycat said:

I think Ernest Jones are wrong to refer the OP to DX.

The OP's contract is with Ernest Jones.

Ernest Jones is DX's customer.

Push EJ for proof of delivery.

Have you shared the communication you have with DX saying they cannot show you the photo with EJ?

simonefox

Pollycat said:

simonefox said:

That’s my problem, EJ and DX are both refusing to provide the photo, they are just saying there is a photo with the house number. EJ should show me the photo but are saying they cannot as DX have to show me, but DX are saying they cannot and EJ can. So I’m thinking the photo is likely a closed door but that’s just me. It could be any road with a house 27, but let’s pretend it is the neighbours, it still doesn’t show proof. If the website states a signature is required surely this should be done? Even with covid, surely they should update their website within the 11 months since the first lockdown. 

Pollycat said:

I think Ernest Jones are wrong to refer the OP to DX.

The OP's contract is with Ernest Jones.

Ernest Jones is DX's customer.

Push EJ for proof of delivery.

Have you shared the communication you have with DX saying they cannot show you the photo with EJ?

This was via phone, I may email and ask them to clarify it in writing after all this good advice 

simonefox

simonefox said:

Pollycat said:

simonefox said:

That’s my problem, EJ and DX are both refusing to provide the photo, they are just saying there is a photo with the house number. EJ should show me the photo but are saying they cannot as DX have to show me, but DX are saying they cannot and EJ can. So I’m thinking the photo is likely a closed door but that’s just me. It could be any road with a house 27, but let’s pretend it is the neighbours, it still doesn’t show proof. If the website states a signature is required surely this should be done? Even with covid, surely they should update their website within the 11 months since the first lockdown. 

Pollycat said:

I think Ernest Jones are wrong to refer the OP to DX.

The OP's contract is with Ernest Jones.

Ernest Jones is DX's customer.

Push EJ for proof of delivery.

Have you shared the communication you have with DX saying they cannot show you the photo with EJ?

This was via phone, I may email and ask them to clarify it in writing after all this good advice 

Sorry I’m wrong he does have an email from DX telling us to contract EJ for a photo, I will send this to EJ

Pollycat

simonefox said:

This was via phone, I may email and ask them to clarify it in writing after all this good advice 

Get as much information as you can written down.

the_lunatic_is_in_my_head

www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

(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.

The goods haven't come into the possession of the OP's partner so they are still at the trader's risk. 

unholyangel

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.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk