who should sort this, courier, me or internet shop?

toshkininny

Hi, does anyone know what the law is on this one.

I ordered a toy for christmas, it didn't turn up, I contacted the internet shop and they have given me a tracking number with the courier company. Apparently somebody has signed for it - not me - and there is no-one of that name in my area.

Is it up to the internet shop to sort it out by law, the couriercompany or me? I now have to buy it elsewhere to make sure that my daughter will get this present for christmas.

superscaper

Your contract is with the internet shop. You didn't receive the goods, it's down to the internet shop to investigate and sort it out. Put it this way, if you ended up suing to get your money back it'd be the internet shop you'd be taking to court not the courier. If the internet shop wanted to claim their loss from the courier then that's between them because it's the internet shop that has the contract with the courier.

By the way, who is the shop and who is the courier?

toshkininny

The Toy Shop aka The Entertainer and City Link.

Thanks for that, so could I say to them, either refund or send me another as I haven't received it?

superscaper

toshkininny wrote: »

The Toy Shop aka The Entertainer and City Link.

Thanks for that, so could I say to them, either refund or send me another as I haven't received it?

Of course. If there's some kind of fraud going on with City Link or they delivered it to the wrong address, that's not your fault and not your responsibility to sort it out. Just be honest with the internet shop (you never know they may have seen this happen before) tell them you checked the tracking number they gave and it had been signed for by a name you don't recognise and not by anyone in your household. What you do next probably depends on what their response is.

toshkininny

well I've sent them another email, I did try phoning yesterday, but waited for ages for an answer - on one of those numbers that you have to pay a little for, so I have gone down the email route and see how long it takes for them to answer.

It's the first time I have used them too, which is a shame, as I'm not sure if I want to use them again now, depending on how they deal with the situation!

superscaper

toshkininny wrote: »

well I've sent them another email, I did try phoning yesterday, but waited for ages for an answer - on one of those numbers that you have to pay a little for, so I have gone down the email route and see how long it takes for them to answer.

It's the first time I have used them too, which is a shame, as I'm not sure if I want to use them again now, depending on how they deal with the situation!

This could easily be one of those situations where if they handle it right you'd be happy to use them again. Although legally your contract is with The Toy Shop they haven't actually done anything wrong yet, it appears to be City Link's fault but if the Toy Shop refuse to believe you etc then it could be rather messy and remember at every stage you've done nothing wrong and you're the one out of pocket for somebody else's mistake/fraud.

hollydays

courier companies are using lots of temporary staff at the moment-i was told- citylink tried to deliver to me last night (they didnt try-I WAS in)..at times of high demand like this it is a bit hit and miss..i guess internet shopping has its pros and cons..I am gonna stick a sign on my door-"if you have read this sign-you are at the right house-and I am in"

superscaper

hollydays wrote: »

I am gonna stick a sign on my door-"if you have read this sign-you are at the right house-and I am in"

Could get a bit confusing if everybody did that

I feel like I'm lucky I got my two parcels from City Link yesterday then. I also got a parcel from Home Delivery Network and a parcel from Royal mail yesterday all no problem and that's everything I was expecting. But I guess seasonal staff must be a huge problem.

Codswallop

Summarise the problem with the dates on which they occured in a short, typed letter and get yourself down to the Post Office to send it by REGISTERED delivery. Let them know you mean business. I've always found that registered delivery letters carry more weight than e-mails. They can proved more easily in a legal case.

It must be by registered delivery though so that you can get proof of who has signed for the letter (you can see this online on the Royal Mail website) It's worth the cost to get the company moving fast and you can mention that you'd also like your postage costs to be refunded as a gesture of goodwill. Remember to mark it as 'URGENT' and try to address it to a director in the company, then the problem will be their responsibility

Best of luck with it, hope you get it sorted out before Christmas

hollydays

superscaper wrote: »

Could get a bit confusing if everybody did that

I feel like I'm lucky I got my two parcels from City Link yesterday then. I also got a parcel from Home Delivery Network and a parcel from Royal mail yesterday all no problem and that's everything I was expecting. But I guess seasonal staff must be a huge problem.

yes-but when they tell the retailer they "attempted" to deliver to the house with the "blue door"-i will be able to say-"and did they notice anything else-like a bloody great sign!!:D"

superscaper

hollydays wrote: »

yes-but when they tell the retailer they delivered to the house with the "blue door"-i will be able to say-"and did they notice anything else-like a bloody great sign!!:D"

I remember reading a bit ago on this forum one member (can't remember who) also had security footage of their driveway and when a courier said they'd tried at a certain date and time, he responded to the courier company with "well I've got video footage for that entire day of NOBODY coming up the drive". The courier company then decided maybe they'd investigate and they suspended the courier in question. But just shows that you do really have to protect yourself with cast iron proof just to get anywhere before they take notice.