Shed refund

Manxman_in_exile

bradrock said:

... The driver... scribbled my first name on the proof of delivery and left...

Just for clarification, how do you know the driver did that?

And to clarify my original answer - the person who is responsible to you for this is whomever you bought it from.  You say you bought it "from" as opposed to "on" onbuy so I assume you bought it from onbuy.  If onbuy is just a platform and you bought it from a third party, it's that third party who is responsible to you.

Belenus

bradrock said:

They are now saying they will send me photos of the item on my front lawn which is surely unacceptable.

Is there any evidence of a 40kg package sitting on your lawn for several hours?

There would surely be marks in the grass.

It is possible that it was delivered to another address.

bradrock

I do have proof the driver scribbled my name because they sent me it as proof of delivery through email. 

However it's not my full name it is just my first name to make it look like a signature because obviously the driver couldn't be bothered to come back .

I looked online saw a shed went to onbuy website paid the money to them so they have my cash I'm presuming.

bradrock

Belenus said:

bradrock said:

They are now saying they will send me photos of the item on my front lawn which is surely unacceptable.

Is there any evidence of a 40kg package sitting on your lawn for several hours?

There would surely be marks in the grass.

It is possible that it was delivered to another address.

Apparently the driver has been back and confirmed it was delivered on the front garden there's no marks as it's stones .

SpudGunPaul

bradrock said:

I do have proof the driver scribbled my name because they sent me it as proof of delivery through email. 

However it's not my full name it is just my first name to make it look like a signature because obviously the driver couldn't be bothered to come back .

I looked online saw a shed went to onbuy website paid the money to them so they have my cash I'm presuming.

Doesn’t mean the driver signed it. 

bradrock

SpudGunPaul said:

bradrock said:

I do have proof the driver scribbled my name because they sent me it as proof of delivery through email. 

However it's not my full name it is just my first name to make it look like a signature because obviously the driver couldn't be bothered to come back .

I looked online saw a shed went to onbuy website paid the money to them so they have my cash I'm presuming.

Doesn’t mean the driver signed it. 

Of course it does . Who else could it possibly be ??

Undervalued

the_lunatic_is_in_my_head said:

Undervalued said:

bradrock said:

No nothing. I did get an email the day before saying it would be delivered but only saw that on the day of delivery as I was doing a double shift at work.

So you were told it was coming but didn't check your emails. 

Had you seen the email, what would you have done differently?

The answer to that doesn’t affect OP’s consumer rights (might have saved them some headache), risk passes upon physical possession as manxman said, dumped in the garden is very unlikely to achieve this so letter before action to the actual seller. Depending upon Onbuys wording of their terms OP may have a claim against them also if they offer some kind of guarantee for non-deliveries.

Has it been tested, in a high enough court to set a binding precedent, what constitutes "physical possession" for these sort of purposes?

For as long as I can remember the Royal Mail (and presumably others followed suit) would only collect a "signature" from somebody at the premises. They made it clear that they did not deliver to a specific person. No steps were ever taken to verify the identity of the person who put an often unreadable squiggle on a hand held device.

Covid muddied the waters as it became the norm to leave packages on a doorstep or in an unlocked porch (or other so called "safe" place). Was the law amended to accommodate this? 

bradrock

Undervalued said:

the_lunatic_is_in_my_head said:

Undervalued said:

bradrock said:

No nothing. I did get an email the day before saying it would be delivered but only saw that on the day of delivery as I was doing a double shift at work.

So you were told it was coming but didn't check your emails. 

Had you seen the email, what would you have done differently?

The answer to that doesn’t affect OP’s consumer rights (might have saved them some headache), risk passes upon physical possession as manxman said, dumped in the garden is very unlikely to achieve this so letter before action to the actual seller. Depending upon Onbuys wording of their terms OP may have a claim against them also if they offer some kind of guarantee for non-deliveries.

Has it been tested, in a high enough court to set a binding precedent, what constitutes "physical possession" for these sort of purposes?

For as long as I can remember the Royal Mail (and presumably others followed suit) would only collect a "signature" from somebody at the premises. They made it clear that they did not deliver to a specific person. No steps were ever taken to verify the identity of the person who put an often unreadable squiggle on a hand held device.

Covid muddied the waters as it became the norm to leave packages on a doorstep or in an unlocked porch (or other so called "safe" place). Was the law amended to accommodate this? 

This thread started with I would get my money back to now I'm not so sure and have lost £400

Aylesbury_Duck

bradrock said:

SpudGunPaul said:

bradrock said:

I do have proof the driver scribbled my name because they sent me it as proof of delivery through email. 

However it's not my full name it is just my first name to make it look like a signature because obviously the driver couldn't be bothered to come back .

I looked online saw a shed went to onbuy website paid the money to them so they have my cash I'm presuming.

Doesn’t mean the driver signed it. 

Of course it does . Who else could it possibly be ??

Anyone at the depot or office, obviously.  You said yourself it was sent via email.  I could send you 'proof' of delivery right now if I knew your name and email address.

pinkshoes

bradrock said:

This thread started with I would get my money back to now I'm not so sure and have lost £400

You haven't lost your money. They item has not been delivered. The company either need to send another one or refund the money you paid. 

Worst case scenario you'll have to use the small claims court, but that is a very straight forward process.