Courier claiming goods delivered when they weren't

Whiplashy

I ordered an item of clothing online from an Irish based store on 22nd March. I contacted the retailer on 1st April when it still hadn't arrived. The courier is claiming that it was signed for on 27th March, but no one in the house signed for it. I've asked the retailer to get a copy of the signature from the courier as I want to see it. The retailer is a large establishment and all I'm getting, on a daily basis, is an email from one person saying they are "very concerned" and forwarding my issue onto someone else!

Where do I stand legally on this? I obviously can't prove that the delivery didn't come.

jackofalltrades

I'd give them a call and see if you can get a better response.
If someone signed for it they should be able to provide proof.
It's up to them to prove that it was delivered.

Here's the legal side from Citizens Information:

Under the Consumer Rights Directive:

Unless agreed otherwise, the trader must deliver the goods to you without undue delay and not later than 30 days from when the order was placed.

If the trader does not deliver the goods within the time agreed, you may ask the trader to make the delivery within an additional period of time, unless it is not appropriate in the circumstances.

If the trader fails to deliver the goods within the agreed time or the additional period (if any), you may reject the contract and the trader must refund all the money you paid under the contract, without undue delay.

poisonated

Many companies deal with this on a regular basis. They have departments that look into it. Most likely they will refund you the money provided that this you are not flagged as "suspicious". I.e that you have not done this before.

allthedoyles

Most couriers are too lax with signatures .

They come in to be , and drop in parcel , and sometimes don't ask me to sign as they know my name .

Some new drivers , will just ask me my name , and rush out the door .

Packages have been left in at my work that are not for anyone there , and I have often refused packages , as package may need to be forwarded to another address , or returned to sender.

Anyway if you did not receive item , insist on a refund

Slippin Jimmy

If you've paid by card you can ask your bank to do a chargeback.

Whiplashy

Thanks for the advice guys I've been using email to contact them so that I'd have everything documented but I'll try giving them a ring on Monday and see if that goes any better. I've had this issue once before, with another company. It turned out the goods were delivered to a shop in the village near me as the courier couldn't be bothered coming the extra 3 miles out to my house. I suspect that's what's happened here. But I never shop in the village so I'd feel very awkward traipsing round from shop to shop asking if they have it!

RoscommonTom

Treaten the guards on the ****ers thats stealing

podger456

Ask the retailer to get a copy of the signature from the courier. Presumably it won't be yours, or even your name. Had the same problem getting something delivered from debenhams recently, asked for proof of delivery to me and they just put through a refund on my card.

Whiplashy

podger456 wrote: »

Ask the retailer to get a copy of the signature from the courier. Presumably it won't be yours, or even your name. Had the same problem getting something delivered from debenhams recently, asked for proof of delivery to me and they just put through a refund on my card.

Interestingly that's the same retailer as me

The last time it happened to me it was apparently signed for by me, but it wasn't my signature, so the driver obviously forged it. I hate couriers!

boardbro

I ordered from germany, would they refund me the difference?

podger456

Whiplashy wrote: »

Interestingly that's the same retailer as me

The last time it happened to me it was apparently signed for by me, but it wasn't my signature, so the driver obviously forged it. I hate couriers!

Yeah, not surprised, whatever courier they use are woeful as they did it to me twice in a week! The woman I spoke with said to check with all your neighbours and any local shops, so they're obviously used to packages being abandoned anywhere. In fairness to debenhams they refunded my money without any problems, pity I didn't get what I wanted though.

haveringchick

RoscommonTom wrote: »

Treaten the guards on the ****ers thats stealing

Yes the Gardai will send a squad car around to the retailer at top speed to sort it out because we don't have a Small Claims Court or anything like that to sort these matters out and anyway that's what the Gardai are there for.

slimjimmc

RoscommonTom wrote: »

Treaten the guards on the ****ers thats stealing

Stealing requires intent and there is no suggestion of this has occurred by any party, please don't make wild accusations.

allthedoyles

I deal with couriers every day , and they amuse me .......always in ahurry , and some won't bother waiting for signature .

Anyway in your case , if the signature is not yours , but is your name ,then in my opinion , the only person to sign your name is the actual courier.

Wait and see the signature before proceeding .