parcel left on doorstep - gone missing but cant get refund for it

peculiarpetulia

can anyone help please - i bought a gaming console from game for my sons birthday in october. I asked if not in to leave with my neighbour 4 doors down. As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep which is open to the whole street - we dont have fencing and we were opposite a block of flats (since moved). I went to look and it wasnt there. Ive been in dispute with dpd and game about this issue and they are saying it was delivered ok so theres nothing that they can do. Ive used resolver to try help me but theyve closed the case saying i now have to take it to court as a civil matter.

Is that indeed the only option i have now please? 

thanks

DB1904

peculiarpetulia said:

can anyone help please - i bought a gaming console from game for my sons birthday in october. I asked if not in to leave with my neighbour 4 doors down. As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep which is open to the whole street - we dont have fencing and we were opposite a block of flats (since moved). I went to look and it wasnt there. Ive been in dispute with dpd and game about this issue and they are saying it was delivered ok so theres nothing that they can do. Ive used resolver to try help me but theyve closed the case saying i now have to take it to court as a civil matter.

Is that indeed the only option i have now please? 

thanks

How did you pay?

Alderbank

peculiarpetulia said:

As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep...

Think back to that night back in September or early October.
What time did you leave for work?
What time did DPD's email say they had left your delivery on your doorstep?
Was anyone else in your house that night?

TELLIT01

It cannot be right that specific delivery instructions are ignored but the customer is the person to lose out.

cx6

If you paid by card you may have options.

jon81uk

You don’t need to deal with dpd only Game.

porkisnotmeat

cx6 said:

If you paid by card you may have options.

Or not if it shows as being delivered.

cx6

porkisnotmeat said:

cx6 said:

If you paid by card you may have options.

Or not if it shows as being delivered.

They will have options - it is the seller's responsibility to get the item to the purchaser. The system showing 'it has been delivered' does not change that.

Manxman_in_exile

OP  -  it's got nothing to do with DPD.  Your complaint is with the seller (Game?).

So long as you can demonstrate (a) that you were at work when the alleged delivery was made and also (b) that it was not delivered to the only other person* that you had nominated for delivery, then you can go back to Game and say that you are enforcing your statutory rights against them under the Consumer Rights Act 2015.

s 29 of that Act means that the seller remains legally liable for the goods until they are delivered into your physical possession, or that of somebody you have nominated for delivery.  (Assuming the carrier was selected by the seller).  A mere photograph of a parcel on a doorstep does not satisfy this requirement.

Consumer Rights Act 2015 (legislation.gov.uk)

Tell* Game that you will be happy to enforce your statutory rights in court if necessary, and tell them that on the basis of what Game have told you so far, you will win.  Point out that if you do take them to court you will also be claiming any fees that you have had to pay plus whatever costs you are entitled to as a litigant in person.  (I believe you can claim £19 per hour if you can prove how much time it has taken you to sue them.  If I'm wrong others will say).

See what their response to that is.  If they say no, come back here as there are a few other steps you need to take before suing them.

Wait and see if others have different suggestions.

*If your neighbour can provide evidence that it was never delivered to them, all the better for you.  Tell Game.

born_again

cx6 said:

porkisnotmeat said:

cx6 said:

If you paid by card you may have options.

Or not if it shows as being delivered.

They will have options - it is the seller's responsibility to get the item to the purchaser. The system showing 'it has been delivered' does not change that.

Not via chargeback.
Proof of delivery is all it needs for a rejection.

sheramber

 I asked if not in to leave with my neighbour 4 doors down. 

Was that information passed on to  DPD?

Was your neighbour in all day? Could they have missed the delivery so it was left on your doorstep?