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

tracytown

RogerBareford said:

tracytown said:

If you need to go to small claims court, perhaps look at what all the "loop hole" lawyers basically appear to do:

1. Can Game prove you bought the item? - If you bought it online with your card, how can they prove that was physically you? It could have been stolen. If they can't show you bought it, then how can they prove it was delivered to you.

2. Can DPD prove they delivered the parcel?
- If they took a photo, does the photo include:
a. The date physically shown in the photo
b. Date can be altered in camera settings so that is not a fact with a date stamp
c. Show your house with full address - again if it only shows the door it is not legally proof of the address. It could be somewhere similar. I know the parcel people like to photo our front door but legally this shows a photo of a door and that is not going to be evidence they can use I don't think.

3. Can DPD prove the parcel is the exact parcel you ordered? 
a. If they took a photo does it include:
- The exact same number corresponding to your order in GAME visible in photo
- Your name and address visible in the photo

You could go as far to say since you have no opportunity to check the contents of the parcel, it could have been anything in the parcel. Can Game prove what was in the contents of the parcel. 

The delivery driver basically could have left it anywhere. If there is a photo of your door, it is near on impossible for them to prove that is your address without your full address somehow visible with a street sign.

I don't know if this is helpful, sorry probably not. I think these companies would not show up to small claims court anyway.

Just focusing on the first point of this; do you really think it would be a good idea for the OP to claim they never ordered the parcel?

They have been in contact with both Game and DPD chasing up this parcel saying they havn't got it so to then claim they never ordered it would just make them look ridiculous with such an obvious lie.

Would you actually go to court and claim this or are you just trying to get someone else to do it because you think it would be amusing?

As per my other posts I meant call the bank to get advice as I thought buying something and not receiving it would be fraud. I realise now people thought I mean say it was a scam. Not what I meant. I apologised to the OP and have tried to respond to the several posts aimed at me about it. 

The point 1 was an idea or opinion on how legally it could work, yes perhaps in hindsight I would not have wrote it and have since deleted it. I applied how the loophole lawyer gets the famous people off speeding tickets. He essentially says how do they know who was driving. Even though it had to be them, they cannot prove it physically so they get off? Yes it was perhaps a bit stupid to go into that much detail, but it was just an idea, I wish I had not wrote it now obviously. 

Again apologies for the mistakes.

tracytown

born_again said:

tracytown said:

If you haven't already call your bank and say it's a fraud payment as the item was not delivered to you and see what they say. These days debit cards have similar security to credit cards do they not?

Bank > Game > DPD

It's not fraud as the OP bought the item.
Fraud is where a unknown 3rd party uses your card...

The only bank option is a chargeback for non receipt. But as per previous posts. All retailer need is proof of delivery & they will have a photo from DPD to prove this. So odds on it will fail.

As has been pointed out OP needs to go back to Game on this as per @Ma@Manxman_in_exile1 February at 6:17PM 

Yes I believe my view of fraud is wrong as several have pointed out. Apologies. I thought GAME selling an item and taking the money, then not delivering it, would be fraud.

photome

tracytown said:

born_again said:

tracytown said:

If you haven't already call your bank and say it's a fraud payment as the item was not delivered to you and see what they say. These days debit cards have similar security to credit cards do they not?

Bank > Game > DPD

It's not fraud as the OP bought the item.
Fraud is where a unknown 3rd party uses your card...

The only bank option is a chargeback for non receipt. But as per previous posts. All retailer need is proof of delivery & they will have a photo from DPD to prove this. So odds on it will fail.

As has been pointed out OP needs to go back to Game on this as per @Ma@Manxman_in_exile1 February at 6:17PM 

Yes I believe my view of fraud is wrong as several have pointed out. Apologies. I thought GAME selling an item and taking the money, then not delivering it, would be fraud.

they did deliver it, the OP didnt receive it.