Retailer refusing to refund lost order even though I didn’t specify a safe place & no signature

Sandtree

Manxman_in_exile said:

So because  "A photo of an identifiable door doesnt prove it was handed to the named person on the package... for that you need an image of the recipient, with the parcel" that is one of your "reasons" in favour of the courier NOT taking a photograph?

You may want to go back to the original post and response...

Manxman_in_exile said:
How difficult these days is it to take a photo of actual delivery to the consumer?  It's in the retailer's interest to insist on their courier doing this.

The statement wasnt about adding evidence to the balance of probabilities etc but definitively of "actual delivery to the consumer"... not their doorstep, not some random other person that lives there etc.

To take photos of a person creates GDPR overheads but you also acknowledge your own limitation such as if the customer refuses the photo to be taken. Given you say the merchant should insist the courier takes such a photo you dont propose the solution where a merchant did insist but the person at the door refused (presumably dont deliver?).

Now if you want to adjust your rhetorical question to say "how hard is it to take a photo of the parcel on a doorstep that can help add to the balance of probabilities" then that is a very different statement and would receive a different response

Littlejennar

Alderbank said:

Because it’s irrelevant if they believe me. They are in breach of their contract. 

Well, they are in breach if they didn't deliver it. But they believe that they have done so.

I suspect that when you first complained they challenged their courier who produced a time-stamped image of an open door and an occupant holding the package. They assumed that was your house which in many cases would be a reasonable assumption.

Ask Zara for evidence of delivery. If they have a photo they might show it to you. If they are still unco-operative then it's LBA and small claims. The judge decides on balance of probabilities and if Zara have no evidence I believe he will decide in your favour.

PS - couriers are pushed for time and can be very creative. Did you leave a window slightly open, even upstairs?

I just want to say a big thank you! I asked for their address and email (they refused to provide it) and I said it was so I could issue them with an LBA. They immediately apologised for what had unfolded and refunded me! 

Such a relief - thank you for all your advice 

Manxman_in_exile

Well done. 

With the situation as you described you were never really going to lose, despite what some of the more negative posters may have said.  (I see another one of them has apparently joined the ever-increasing number of banned posters who regularly blame consumers for the faults of businesses).

jonesey1985

Manxman_in_exile said:

Well done. 

With the situation as you described you were never really going to lose, despite what some of the more negative posters may have said.  (I see another one of them has apparently joined the ever-increasing number of banned posters who regularly blame consumers for the faults of businesses).

Were they not?

I could easily see this going either way depending on the evidence.

It certainly would not have been won on the nonsense "it needs to be physically handed to the consumer" argument.