Amazon and lost delivery

wizzywig27

Hi all, I am at a bit of a loss. 

Long story short, purchased an item worth £390 on Amazon using their pay over 5 months option. 

DPD ‘delivered’ the item last week by leaving it on my doorstep (I have evidence of this where he clearly states he will leave it on my doorstep) I didn’t answer the door or ask him to leave it, it was his decision.

the item cannot be located, checked neighbours etc. delivery guy scanned it as delivered to my neighbour (it wasn’t) and took a photo of both my neighbours houses (no parcel in the image).

I have raised a claim with Amazon and they are saying that the carrier has confirmed it was delivered to me! I have spoken to DPD and they have advised no contact has been made from Amazon. 

The driver from DPD turned up at my door today and started asking my partner questions - she told them to come back tomorrow when I home and speak to me. He then left and came back on the phone but she refused to answer.

What are my options from a legal standpoint? 

1/5 of the payment was less than £100.

the way I see it, my options are:

1) take DPD to small claims court
2) take Amazon to small claims court (and likely have account closed by Amazon)
3) don’t repay the monthly payments (and likely have account closed by Amazon)
4) do a chargeback (and likely have account closed by Amazon)

DPD are rightly saying to contact Amazon, Amazon are refusing to budge because their driver scanned it incorrectly. 

This whole situation is making me ill, my partner is pregnant and having drivers knock on our door and knock over and over is very intimidating (to be fair she said he was polite) but she told him to come back so why keep knocking? 

I really am lost for words. Any advice would be greatly appreciated. 

Penguin_

Sorry, if your partner was in the house (as you have said "to be fair she said he was polite" but she told him to come back) why didn't she accept the item? 

mr_stripey

Penguin_ said:

Sorry, if your partner was in the house (as you have said "to be fair she said he was polite" but she told him to come back) why didn't she accept the item? 

I think the driver came back to ask questions some time after the failed delivery (if I'm reading it correctly)

wizzywig27

mr_stripey said:

Penguin_ said:

Sorry, if your partner was in the house (as you have said "to be fair she said he was polite" but she told him to come back) why didn't she accept the item? 

I think the driver came back to ask questions some time after the failed delivery (if I'm reading it correctly)

Yes, sorry. Apparently it is DPD policy to ask the driver to visit the property and discuss with the recipient/resident. 

Unsure what the purpose of this but if that’s what they want to do then so be it. I have provided the footage to DPD but Amazon are not interested in the slightest and I just keep getting stock responses. This was the last one:

CARRIER confirmed that the shipment you reported lost was delivered to you. As a result, we cannot issue a replacement or a refund for this order.

I really won’t accept this, I appreciate if I don’t pay Amazon the mo they payment they will likely close my account (and partners) but regardless I can’t afford to keep paying money for something I don’t have. I am now having to buy another item to replace this one.

DPD are saying they won’t refund me, I’m saying this is your mess. Amazon are saying you’re saying it was delivered due to an mis-scan. Something has to be done! 

Alderbank

You ask about your options from a legal standpoint.

You have no contract with DPD so you have no claim against them. DPD was probably sub-contracted by Amazon.

You say you bought 'on Amazon'. Who was the seller? If you look on the Order Details it will say 'Sold by xxx'. Your legal rights from the seller are to have the goods delivered into your physical possession (or to your partner). However in practice Amazon impose strict rules on third party merchants to resolve issues which you can pursue in addition to your legal rights.
...but why have you raised a claim with eBay?

wizzywig27

Alderbank said:

You ask about your options from a legal standpoint.

You have no contract with DPD so you have no claim against them. DPD was probably sub-contracted by Amazon.

You say you bought 'on Amazon'. Who was the seller? If you look on the Order Details it will say 'Sold by xxx'. Your legal rights from the seller are to have the goods delivered into your physical possession (or to your partner). However in practice Amazon impose strict rules on third party merchants to resolve issues which you can pursue in addition to your legal rights.
...but why have you raised a claim with eBay?

Sorry I meant Amazon - I will update it now.

the item was sold by Amazon directly. 

Okell

Penguin_ said:

Sorry, if your partner was in the house (as you have said "to be fair she said he was polite" but she told him to come back) why didn't she accept the item? 

That was today.

The item was supposedly delivered last week.

screech_78

As above, you have no contract with DPD so you won’t be able to claim against them. Only Amazon and from stories on here, yes, you would probably lose your account. 

I can’t see that you would be able to stop the payments. It’s not a DD, it’s a CPA (continuous payment authority) using your card details. The only way to stop them temporarily is to cancel your card, however they would obtain the new card details from your bank anyway and take the payments. 

Chargeback would fail as all that’s required is proof of delivery which they have. 

Only suggestion is to keep on at Amazon and if no joy, letter before action and small claims. 

wizzywig27

screech_78 said:

As above, you have no contract with DPD so you won’t be able to claim against them. Only Amazon and from stories on here, yes, you would probably lose your account. 

I can’t see that you would be able to stop the payments. It’s not a DD, it’s a CPA (continuous payment authority) using your card details. The only way to stop them temporarily is to cancel your card, however they would obtain the new card details from your bank anyway and take the payments. 

Chargeback would fail as all that’s required is proof of delivery which they have. 

Only suggestion is to keep on at Amazon and if no joy, letter before action and small claims. 

Added layer of complexity - the initial payment was done on a (pay in 6 weeks card) similar to zilch, so if they try to take it the chances are the card won’t be authorised for use as you need to activate it

lisyloo

wizzywig27 said:

screech_78 said:

As above, you have no contract with DPD so you won’t be able to claim against them. Only Amazon and from stories on here, yes, you would probably lose your account. 

I can’t see that you would be able to stop the payments. It’s not a DD, it’s a CPA (continuous payment authority) using your card details. The only way to stop them temporarily is to cancel your card, however they would obtain the new card details from your bank anyway and take the payments. 

Chargeback would fail as all that’s required is proof of delivery which they have. 

Only suggestion is to keep on at Amazon and if no joy, letter before action and small claims. 

Added layer of complexity - the initial payment was done on a (pay in 6 weeks card) similar to zilch, so if they try to take it the chances are the card won’t be authorised for use as you need to activate it

If you stop paying that doesn't mean you don't owe the money.
I realise it's frustrating but not paying is not the right solution.
You need to do a letter before action.

Do Amazon have a complaints procedure?

wizzywig27

lisyloo said:

wizzywig27 said:

screech_78 said:

As above, you have no contract with DPD so you won’t be able to claim against them. Only Amazon and from stories on here, yes, you would probably lose your account. 

I can’t see that you would be able to stop the payments. It’s not a DD, it’s a CPA (continuous payment authority) using your card details. The only way to stop them temporarily is to cancel your card, however they would obtain the new card details from your bank anyway and take the payments. 

Chargeback would fail as all that’s required is proof of delivery which they have. 

Only suggestion is to keep on at Amazon and if no joy, letter before action and small claims. 

Added layer of complexity - the initial payment was done on a (pay in 6 weeks card) similar to zilch, so if they try to take it the chances are the card won’t be authorised for use as you need to activate it

If you stop paying that doesn't mean you don't owe the money.
I realise it's frustrating but not paying is not the right solution.
You need to do a letter before action.

Do Amazon have a complaints procedure?

I agree however if they want to duck out of the law why shouldn’t I? 

I agree it won’t solve anything but I am not paying for something I don’t have