UPS My Choice fraudulent delivery - also waiver of rights?

WhizzKid

So I ordered a GoPro for my little company. Paid by card on my business account..
I was notified UPS would deliver it. I received updates as I had signed up to UPS My Choice which gives you delivery updates.
Received a notification that the item had been delivered to my porch.
Wife was at home. No item on porch.
We have a CCTV. At the time of "delivery" a van pulls up, pauses, then drives away. I have the footage with timings available.
I contacted UPS who said I must contact GoPro.
GoPro say they have contacted UPS and that by signing up to the My Choice service I release UPS from all liability.
I have contacted UPS and in filing a claim it says I am not eligible to because I use their My Choice service.

What on earth do I do now? Clearly a fraud has been committed. And I can prove it.
If it was my own credit card I realise I could use Section 75 of CCA eventually, but don't have that on my side.

Also, people need to be aware that the convenience of using UPS's service means they are releasing themselves from the ability to make a claim. I cannot find this in any terms and conditions when I try to sign up using a new address though.

Help!

born_again

Does UPS show the item as delivered?

WhizzKid

born_again said:

Does UPS show the item as delivered?

Yes. At the exact time the courier drove up (but never left the van) the item is marked as delivered to my porch.

Undervalued

WhizzKid said:

born_again said:

Does UPS show the item as delivered?

Yes. At the exact time the courier drove up (but never left the van) the item is marked as delivered to my porch.

Have you reported the matter to the police?

I know they won't be interested but you do have reasonable evidence of a crime, so if you make a fuss you should at least be able to get a crime number issued. It might however concentrate UPS's mind.

km1500

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

MarvinDay

WhizzKid said:

If it was my own credit card I realise I could use Section 75 of CCA eventually, but don't have that on my side.

That's not necessarily the case as it depends on what sort of business you are.
It's true that if you are a limited company then S75 wouldn't apply but if you are a sole trader or a partnership of a maximum of 3 people then for the purposes of the CCA, you still qualify as an individual, thus are covered by the act. 

WhizzKid

Undervalued said:

WhizzKid said:

born_again said:

Does UPS show the item as delivered?

Yes. At the exact time the courier drove up (but never left the van) the item is marked as delivered to my porch.

Have you reported the matter to the police?

I know they won't be interested but you do have reasonable evidence of a crime, so if you make a fuss you should at least be able to get a crime number issued. It might however concentrate UPS's mind.

Reported. Reference number in 24 hours if I am lucky.

WhizzKid

km1500 said:

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

I've told the seller. They spoke to UPS. UPS said I waived all my rights by signing up to their service.
The company is not based in the UK (GoPro). So tricky.

The fact that I have unknowingly "waived my rights" with UPS is very worrisome and a carte blanche for dubious van drivers to do this sort of stuff. You can see the diver come to my drive. Hesitate and then drive right as far as he can go (to get a good GPs fix I assume) then pause and drive away. Clearly planned.

WhizzKid

MarvinDay said:

WhizzKid said:

If it was my own credit card I realise I could use Section 75 of CCA eventually, but don't have that on my side.

That's not necessarily the case as it depends on what sort of business you are.
It's true that if you are a limited company then S75 wouldn't apply but if you are a sole trader or a partnership of a maximum of 3 people then for the purposes of the CCA, you still qualify as an individual, thus are covered by the act. 

Ltd company regrettably. Although it has its benefits. 

Clive_Woody

WhizzKid said:

km1500 said:

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

I've told the seller. They spoke to UPS. UPS said I waived all my rights by signing up to their service.
The company is not based in the UK (GoPro). So tricky.

The fact that I have unknowingly "waived my rights" with UPS is very worrisome and a carte blanche for dubious van drivers to do this sort of stuff. You can see the diver come to my drive. Hesitate and then drive right as far as he can go (to get a good GPs fix I assume) then pause and drive away. Clearly planned.

Go after UPS on social media and share the video of their delivery guy failing to deliver. Worst case is a lot more people become aware of the risk of using this service, best case they are shamed into doing something.

born_again

WhizzKid said:

km1500 said:

your route is to claim against the seller - you don't have a contract with ups so just ignore them. 

Tell the seller what happened, ask for another item or refund.

in the end you can use small claim court against the seller as they have not delivered ot to.you and you have cctv proof
 

I've told the seller. They spoke to UPS. UPS said I waived all my rights by signing up to their service.
The company is not based in the UK (GoPro). So tricky.

The fact that I have unknowingly "waived my rights" with UPS is very worrisome and a carte blanche for dubious van drivers to do this sort of stuff. You can see the diver come to my drive. Hesitate and then drive right as far as he can go (to get a good GPs fix I assume) then pause and drive away. Clearly planned.

I would have a read through the t/c. As how can you waive your rights, just for using a app. 

There is only one mention in T/C on "MyCoice"

>>Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver. <<

https://www.ups.com/assets/resources/webcontent/en_GB/terms_carriage_eur.pdf

So just what options did you give UPS in the APP?