signed for parcel but 'not' received

Discussion in 'Legal' started by downsouth, May 6, 2011.

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  1. downsouth

    downsouth UKBF Ace Free Member

    1,067 122
    We have a customer who has claimed that the item has not been received but the evidence from the courier is that the parcel was signed for, albeit by an 'unknown' person to the customer.

    The customer says 'A signature is not proof of delivery as anyone can sign for it and say it has been delivered'

    When is a parcel deemed 'delivered' and what liability do we have (if any)

    What advice can you give us before we go back to the customer.

    I'm very inclined to say nowt to do with us......................
    Posted: May 6, 2011 By: downsouth Member since: May 16, 2008
  2. Christiane

    Christiane UKBF Ace Free Member

    1,829 215
    If it's Royal Mail, it could be at their local depot. It happens.:rolleyes:

    If it's a courier, I guess you'd have to query it with the courier company.

    Could a neighbour have signed for it and not handed the parcel over yet?
    Posted: May 6, 2011 By: Christiane Member since: Dec 3, 2006
  3. downsouth

    downsouth UKBF Ace Free Member

    1,067 122
    its Parcel force and i've tried that one already.

    Where do we stand on dealing with this customer?
    Posted: May 6, 2011 By: downsouth Member since: May 16, 2008
  4. Igneous D

    Igneous D UKBF Newcomer Free Member

    32 4
    Can the Courier tell you who the signee was? Have they checked next door, etc - this happened to us and they delivered it 2 doors down!

    Difficult with the customer and it depends on how valuable they and the item are I guess

    Igneous Marketing
    Posted: May 6, 2011 By: Igneous D Member since: Apr 13, 2011
  5. downsouth

    downsouth UKBF Ace Free Member

    1,067 122
    Yes, we have a signature on file and this has been presented back to the customer, they claim its no one they know as a neighbour or in the block of flats.

    I'm inclined to say the customer should claim the cost back from parcel force.
    Posted: May 6, 2011 By: downsouth Member since: May 16, 2008
  6. DeanCo

    DeanCo UKBF Newcomer Free Member

    460 105
    A signature on the POD is widely accepted as proof that goods have been delivered. However, if your customer is maintaining that he has seen the POD, that is not his signature or anyone elses at that property and is willing to sign a statement to that affect, he may well be telling the truth. If the customer strenuously argued this with the credit card company, paypal or a court there is a good chance he could win his case.

    I think your best option would be try to get to the bottom of what he his saying. Ask him to put it writing that the POD signature is not his own or anybody else's at his property. If he is willing to do this you can make enquiries with the carrier. If he is not willing he is probably trying it on and tell him where to go.
    Posted: May 6, 2011 By: DeanCo Member since: Feb 19, 2011
  7. downsouth

    downsouth UKBF Ace Free Member

    1,067 122
    we do have it in our T&C's that we are not liable for 'missing orders' that have been signed for, but this probably means nothing intodays climate.

    If anyone has a definitive 'signature provided = delivered' then i'd be grateful just in case customer doesn't accept this.
    Posted: May 6, 2011 By: downsouth Member since: May 16, 2008
  8. tony84

    tony84 UKBF Big Shot Free Member

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    I thought YOU as the retailer would have to put a claim in with the courier/RM?

    You refund the customer or send another of the items and claim the money back from the courier.

    Thats my understanding.
    Posted: May 6, 2011 By: tony84 Member since: Apr 14, 2008
  9. roydmoorian

    roydmoorian UKBF Ace Full Member - Verified Business

    1,953 343
    Parcel Farce need to investigate with the delivering operative as to the ACTUAL circumstances of the delivery.
    Did the recipient open the house door or meet him/her outside?
    Is the address complete & correct and was a telephone number supplied ?
    Was the consignment delivered to 18 Acacia Walk and not 13 Acacia Way ?
    If the above does not sort the problem out then you need to involve the Police and get a crime number, someone is lying and it should be possible to find out who that is.
    I have never yet come across a delivery situation for one of my clients which could not be resolved by a little investigation albeit with a small delay (and therefore no charge)
    Last edited: May 6, 2011
    Posted: May 6, 2011 By: roydmoorian Member since: Nov 6, 2009
  10. Ronnie ILAN

    Ronnie ILAN UKBF Newcomer Free Member

    51 10
    This is a question of fact. Were the goods delivered to the right person. If you can demonstrate that they were on a balance of probabilities, with the support of a statement from the courier, then you should decline payment. If you cannot demonstrate that delivered to the correct person, then you may have a claim against the courier depending on your contract with the courier.
    Posted: May 7, 2011 By: Ronnie ILAN Member since: Apr 15, 2010
  11. visagephoto

    visagephoto UKBF Enthusiast Free Member

    592 54
    This scenario was covered recently on TV by a consumer rights program (Dominic Littlewood I think), and the advice given was as described by tony84 above.

    Apparently a signature isn't proof of delivery, therefore the seller must issue a full refund to the buyer, and then submit a claim for compensation from the courier.
    Posted: May 7, 2011 By: visagephoto Member since: Apr 15, 2004
  12. Atilla

    Atilla UKBF Ace Free Member

    1,070 191
    Oh,well that makes it genuine.
    Let's just say i wouldn't normally pin too much faith in what he says.

    although in this case, i too believe it to be the correct procedure
    Last edited: May 7, 2011
    Posted: May 7, 2011 By: Atilla Member since: Aug 25, 2008
  13. Alex C.

    Alex C. UKBF Newcomer Free Member

    111 14
    It's very unlikely to be enforceable as a contract condition - the buyers contract is with you, your contract is with the courier. RMG will not (to my knowledge) even deal with the recipient of an item that has gone missing as they have no contract with that person.
    Posted: May 7, 2011 By: Alex C. Member since: Jul 22, 2009
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