UKMail/DHL says I signed, but not true and no picture. How can I start a complaint?

Ricardo1980

Hello,

I will try to keep this sort.

I ordered an item on eBay (about £30). I received the item without any problems through UKMail/DHL.

Using the tracking number I see “signed by me” and a picture of my door. I remember the guy taking a picture.

All OK.

Because I liked the item, I ordered it again. I never received it.

Using the tracking number I see in DHL website that it was signed by me (not true) and no picture of my door or signature.

BTW, that day and time I was in my flat, I work from home.

So, I am sure it was probably stolen or lost by the delivery guy.

I opened a complaint on eBay but they say they cannot do anything because UKMail/DHL says it was signed by me. Which is not true, and again, no picture of my door or signature.

So, my question is, because there is no proof of delivery in the second case, (no picture of my door or signature), do I have to right to do something else?

how do I open a complaint? 

Does the “Consumer Rights Act” say anything about these cases? What about if the delivery company says it was delivered but does not provide proof of delivery?

What kind of entity should I use to raise my complaint?

Should I use small claims in court?

Should I use this service? https://www.resolver.co.uk/

I attach 2 screenshots.

Apart from that, I sent an email to UKMail with this info, waiting for response.

Thank you very much for your help.


Here incorrect delivery, no picture:





Here correct delivery, with picture of my door:

y3sitsm3

You need to take this up with the seller, you have no consumer rights against eBay.

theonlywayisup

You need to go back to the seller and try to get them onside.  Explain that although the tracking says it was delivered it wasn't and ask them to dispute the delivery with the carrier. 

Ricardo1980

I already tried that firstly with the buyer and secondly with eBay.
Because the delivery company says I signed it, there is nothing they can do, and they don't want to do anything.

In fact, eBay told me to open a complaint with DHL, which I already did, just waiting.
Moreover, I don't think the problem is with the seller, it is the delivery company who is lying (and does not have proof of delivery)

What about consumer rights against a delivery company?
How is the process? 
Can I use small claims in court against them if required?
Should I use https://consumerarbitration.co.uk/ ?

Thanks a lot for suggestions.

Ricardo1980

Another question. Here:
https://forums.moneysavingexpert.com/discussion/5744843/ukmail-iphone-delivery/p1
I read:

(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.
Emphasising each time the part about traders risk and physical possession of the consumer each time.

So, if I use "alternative dispute resolution" or "small claims in court", who is the trader when buying something on eBay? The seller? eBay? The delivery company?
eBay already told me they cannot do anything, but, on the other hand, I've never contracted UKMail/DHL, that was done by the seller.

Thanks a lot.

theonlywayisup

You have no contract with the carrier, the contract is between the seller and the carrier.  It is only the seller who can dispute the delivery.  If they won't help then that avenue is closed.

BelMalinois

Just this week I was in and checked my emails and saw a delivery confirmation for an order. Nothing on the doorstep and no note put through the door. GPS data showed my address. I asked a few neighbours and one of them had it.

I would definitely check with your neighbours as what happened above has happened to me more than once and it is frustrating when the tracking doesn't show the true facts. I have also had parcels go to a similar address to mine as well as deliveries for that address. Is there any similar road names in your area? 

It's unfortunate that many buyers still try claiming for items not received when the tracking says otherwise. This means that when genuine buyers like yourself have a problem sellers are often reluctant to do anything. How helpful has the seller been?

Ricardo1980

BelMalinois said:

Just this week I was in and checked my emails and saw a delivery confirmation for an order. Nothing on the doorstep and no note put through the door. GPS data showed my address. I asked a few neighbours and one of them had it.

I would definitely check with your neighbours as what happened above has happened to me more than once and it is frustrating when the tracking doesn't show the true facts. I have also had parcels go to a similar address to mine as well as deliveries for that address. Is there any similar road names in your area? 

It's unfortunate that many buyers still try claiming for items not received when the tracking says otherwise. This means that when genuine buyers like yourself have a problem sellers are often reluctant to do anything. How helpful has the seller been?

The seller just said this is not his business because the delivery company says it was delivered.

I live in a building with not too many people, I was here and 3 days earlier another package was delivered without problems from the same seller and delivery company to my flat.

Let's see what the delivery company says. Probably next week.

Anyway, if I use small claims in court or similar, do I have to send a before action letter to eBay or the seller? if I have to do that against the seller, how do I get his address? is eBay obligated to give me his address to go ahead with a claim?

Thanks a lot.

theonlywayisup

Ricardo1980 said:

BelMalinois said:

Just this week I was in and checked my emails and saw a delivery confirmation for an order. Nothing on the doorstep and no note put through the door. GPS data showed my address. I asked a few neighbours and one of them had it.

I would definitely check with your neighbours as what happened above has happened to me more than once and it is frustrating when the tracking doesn't show the true facts. I have also had parcels go to a similar address to mine as well as deliveries for that address. Is there any similar road names in your area? 

It's unfortunate that many buyers still try claiming for items not received when the tracking says otherwise. This means that when genuine buyers like yourself have a problem sellers are often reluctant to do anything. How helpful has the seller been?

The seller just said this is not his business because the delivery company says it was delivered.

I live in a building with not too many people, I was here and 3 days earlier another package was delivered without problems from the same seller and delivery company to my flat.

Let's see what the delivery company says. Probably next week.

Anyway, if I use small claims in court or similar, do I have to send a before action letter to eBay or the seller? if I have to do that against the seller, how do I get his address? is eBay obligated to give me his address to go ahead with a claim?

Thanks a lot.

Did I miss the value, this is £30?  

If you decide to send an LBA then it is against the seller.  If he/she isn't a business seller, you won't be able to get his/her address.  

Your only real course of action is to convince the seller to help you and dispute the delivery with the carrier.  Or you go back to Ebay and ask if they will reimburse you as the item was never delivered. 

Ricardo1980

theonlywayisup said:

Ricardo1980 said:

BelMalinois said:

Just this week I was in and checked my emails and saw a delivery confirmation for an order. Nothing on the doorstep and no note put through the door. GPS data showed my address. I asked a few neighbours and one of them had it.

I would definitely check with your neighbours as what happened above has happened to me more than once and it is frustrating when the tracking doesn't show the true facts. I have also had parcels go to a similar address to mine as well as deliveries for that address. Is there any similar road names in your area? 

It's unfortunate that many buyers still try claiming for items not received when the tracking says otherwise. This means that when genuine buyers like yourself have a problem sellers are often reluctant to do anything. How helpful has the seller been?

The seller just said this is not his business because the delivery company says it was delivered.

I live in a building with not too many people, I was here and 3 days earlier another package was delivered without problems from the same seller and delivery company to my flat.

Let's see what the delivery company says. Probably next week.

Anyway, if I use small claims in court or similar, do I have to send a before action letter to eBay or the seller? if I have to do that against the seller, how do I get his address? is eBay obligated to give me his address to go ahead with a claim?

Thanks a lot.

Did I miss the value, this is £30?  

If you decide to send an LBA then it is against the seller.  If he/she isn't a business seller, you won't be able to get his/her address.  

Your only real course of action is to convince the seller to help you and dispute the delivery with the carrier.  Or you go back to Ebay and ask if they will reimburse you as the item was never delivered. 

Yes, that's true, about £30.
Does that mean I have to accept that DHL stole/lost my delivery and lying to everyone saying I signed it?

I will contact the seller again after I receive a response from DHL.
Will let you know

BTW, checking the seller profile:
https://www.ebay.co.uk/usr/ce_direct
It seems it is a company, not an individual, and I can get the address.

Thanks a lot.

y3sitsm3

Ricardo1980 said:

theonlywayisup said:

Ricardo1980 said:

BelMalinois said:

Just this week I was in and checked my emails and saw a delivery confirmation for an order. Nothing on the doorstep and no note put through the door. GPS data showed my address. I asked a few neighbours and one of them had it.

I would definitely check with your neighbours as what happened above has happened to me more than once and it is frustrating when the tracking doesn't show the true facts. I have also had parcels go to a similar address to mine as well as deliveries for that address. Is there any similar road names in your area? 

It's unfortunate that many buyers still try claiming for items not received when the tracking says otherwise. This means that when genuine buyers like yourself have a problem sellers are often reluctant to do anything. How helpful has the seller been?

The seller just said this is not his business because the delivery company says it was delivered.

I live in a building with not too many people, I was here and 3 days earlier another package was delivered without problems from the same seller and delivery company to my flat.

Let's see what the delivery company says. Probably next week.

Anyway, if I use small claims in court or similar, do I have to send a before action letter to eBay or the seller? if I have to do that against the seller, how do I get his address? is eBay obligated to give me his address to go ahead with a claim?

Thanks a lot.

Did I miss the value, this is £30?  

If you decide to send an LBA then it is against the seller.  If he/she isn't a business seller, you won't be able to get his/her address.  

Your only real course of action is to convince the seller to help you and dispute the delivery with the carrier.  Or you go back to Ebay and ask if they will reimburse you as the item was never delivered. 

Yes, that's true, about £30.
Does that mean I have to accept that DHL stole/lost my delivery and lying to everyone saying I signed it?

I will contact the seller again after I receive a response from DHL.
Will let you know

BTW, checking the seller profile:
https://www.ebay.co.uk/usr/ce_direct
It seems it is a company, not an individual, and I can get the address.

Thanks a lot.

Nobody said it was signed for. Neither the DHL tracking nor the response from eBay says it was signed for.  They say it was delivered, and that may well be true.

You need to take this up with the seller, and if they don't play ball small claims is where you need to go, but for £30 I wouldn't bother.