Parcel has not been delivered, Amex refuses charge back as DPD sent pic of wrong house as proof

bjaich

• Ordered and paid for item from SharkNinja on 20 Feb for delivery on 21 Feb via DPD
• Item did not arrive, checked DPD website, status delivered with pictures as proof - but picture is not my house. Have been in my house during delivery slot, also have camera, which records anyone ringing the doorbell, but nobody called that day including during delivery slot.
• Raised issue via DPD website
• Emailed NinjaShark several times explaining situation - no reply
• Phoned NinjaShark multiple times, answer always same ‘nothing we can do, checking with DPD the delivery company’. All timeline given have not been honoured, no communication from NinjaShark. 
• DPD driver phoned, explained that he delivered to wrong address and enquired, if item has in the meantime been received, which unfortunately has not the case.
• Raised ‘charge back’ with Amex, but has been refused, as the picture of a different house has been accepted as proof of delivery! Explained that this is not my house to Amex both in writing and on the phone.
• Amex requires proof from, me that item as not been delivered, but how can I provide this? 
• Amex told me to raise with police - which I have now done via 101 email.
• Sent SharkNinja another email informing them of breach under the Consumer Rights Act 2015.
• Resolver website does cater for this type of issue,

So I am now out of option.... any suggestions are greatly appreciated!

Thank you

PS DPD just changed their webpage and it no longer shows pictures but states ‘ Your parcel has been delivered and received by BEA at 15:36 on Sun 21 Feb 2021’
Which is really shocking! 

pbartlett

your complaint is with ninjashark you should not even be talking to dpd, police etc. Your dealings are with ninjashark and the card company for item not received.

Raise a formal complaint with Amex saying you have not received the item. Make sure Amex know it is a complaint.

Give Amex the required time to reply (8 weeks?).  if they do not reply, or continue to refuse chargeback, escalate.

If you feel.in the mood, you can think about small claims court against ninjashark but not sure cost of item.

photome

Mickey666 said:

Sounds easy enough:

• raised ‘charge back’ with Amex, but has been refused, as the picture of a different house has been accepted as proof of delivery! Explained that this is not my house to Amex both in writing and on the phone.
• Amex requires proof from, me that item as not been delivered, but how can I provide this?
  

Amex want proof the item has not been delivered because they have a photo of the house where the parcel was delivered.  So send them a photo of YOUR house to prove the item has been delivered to the wrong house.

How would Amex know the pic is of the OPs house.....it  shouldnt be necessary to send any pic

dj1471

photome said:

How would Amex know the pic is of the OPs house.....it  shouldnt be necessary to send any pic

They can look-up the OP's address on Google Streetview. It's necessary to send a photo to disprove DPD's proof of delivery photo.

theonlywayisup

photome said:

Mickey666 said:

Sounds easy enough:

• raised ‘charge back’ with Amex, but has been refused, as the picture of a different house has been accepted as proof of delivery! Explained that this is not my house to Amex both in writing and on the phone.
• Amex requires proof from, me that item as not been delivered, but how can I provide this?
  

Amex want proof the item has not been delivered because they have a photo of the house where the parcel was delivered.  So send them a photo of YOUR house to prove the item has been delivered to the wrong house.

How would Amex know the pic is of the OPs house.....it  shouldnt be necessary to send any pic

It shouldn't be necessary but it will help resolve things. Particularly if the OP can show a number/name of house in the photo.  I had to provide a photo of my house (to another CC) to disprove delivery and what helped them realise the photo I sent was my house was me being in the pic, with me holding my credit card. 

Of course, this isn't a Crown Court evidence but it will show Amex that there is something to investigate. 

OP, I would also add the correspondence from the driver - who said it he/she delivered to the wrong address - to your evidence. 

born_again

Chargeback's work on the basis that the goods were not delivered. They were. The fact that it was the wrong address makes no difference. 
Retailer has contested on the basis they have proof of delivery, from courier.

Plain and simple. Chargebacks are over and above your consumer rights and based on card issuers terms. 

So sadly all of you saying to prove it was wrong address are barking up the wrong tree. Even a complaint will make no difference, as chargeback is based on card providers regulations.

OP has to chase retailer.

Jenni_D

How much was the item? (>£100 or not?)

Is it an Amex charge card, debit card or credit card? (I don't know if they do debit cards but I felt I'd better include it).

m0bov

Lba the seller and amex.

marlot

I had a similar issue with DPD, but fortunately the resident of the other house was out, so the parcel wasn't delivered.
It was really, really hard to get in touch with DPD to get them to deliver to the right house.

jon81uk

marlot said:

I had a similar issue with DPD, but fortunately the resident of the other house was out, so the parcel wasn't delivered.
It was really, really hard to get in touch with DPD to get them to deliver to the right house.

If you are the recipient you shouldn't get in touch with DPD. The contract is between the sender and DPD and it is up to the sender to ensure the goods reach the recipient.

David713

jon81uk said:

marlot said:

I had a similar issue with DPD, but fortunately the resident of the other house was out, so the parcel wasn't delivered.
It was really, really hard to get in touch with DPD to get them to deliver to the right house.

If you are the recipient you shouldn't get in touch with DPD. The contract is between the sender and DPD and it is up to the sender to ensure the goods reach the recipient.

I've never understood why some people are so adamant that people expecting packages shouldn't try to get in touch with the delivery agent simply because it's the retailers job to do this.
Yes, you can insist on the retailer sorting everything out but getting hold of them then waiting for them to get the right people to contact the courier could well take far longer then you going directly to the courier yourself and asking if the delivery can be attempted again.

IMO, it's not really that different to having faulty goods and you want to exercise your CRA rights but when contacting the retailer, they want you to get hold of the manufacturer to arrange for those goods to be repaired or collected.
Yes, you could refuse to do this and insist that the retailer arranges everything or you could make a phone call or e-mail the manufacturer yourself, something that may speed up the process.