Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Runk Novitiate

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    Default Interlink missing delivey and fake delivery signature. What to do next?

    Morning all and thankyou in advance for any advice given.
    Brief breakdown of events:

    • We ordered some educational and posture aids for our son from Back in Action.
    • Monday the 1st we recieve a 'Sorry we missed you' card from Interlink stating the delivery would be attempted the following day. We were both at work so no problem here.
    • Tuesday the second we left a note on the door stating the parcel could be delivered next door or returned to the depot and we would collect it from there. On arrival home that evening the note was still there, no further delivery card from Interlink and no one had been to the next door.
    • Wed the third we checked the interlink web site to track the parcel number and it states that it was delivered to our address at 13.58 and signed for by 'Ronda'.

    We dont know anyone named Ronda, none of our neighbours know anyone named Ronda and none of our neighbours have seen an Interlink delivery van.
    We have phoned Interlink customer services who state that as far as they are concerned the parcel has been delivered and signed for.
    I have lodged a complaint and they have said that they will interview the driver but he has apparantly (and conveniently) gone off sickicon and so according to Interlink, there is nothing more that they can do.

    Back in Action customer services state that they have the paperwork and reciepts stating that the goods were collected for delivery by Interlink, and Interlinks own records show they collected it for delivery and delivered it, so there is nothing more that they can resonably be expected to do, they have despatched the goods paid for.

    Meanwhile we have no goods, a depleted bank balance and what is as far as I can see a fraudulent delivery signatureicon.

    My next step is to give Interlink until Monday afternoon to come up with a resolution then I am going to contact the police, who I doubt will be interested, to register a theft.

    So what else can I do?
    I believe my complaint lies with Interlink and not Back in Action. But do BiA have a responsibility in a case like this and where do I stand legally with either company for any claims for the cost of the goods we have ordered?

    Thanks for any advice


  2. #2
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    You are not interlinks customer, and there is no agreement between you.

    BiA should really take this up with interlink, as they had the contract.

    BiA have a responsibility to get the item successfully delivered to you. Therefore, although they havent done anything wrong, they need to resolve it.

    Speak to trading standards and/or civil claim.

    How much is the item worth?

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

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  3. #3
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Thanks for the answer.
    Its 55. Not a sum thats going to bancrupt us, but its still 55.
    Thankyou for the advice. Ill be contacting BiA again on Monday to speak to them and Ill keep this thread updated.


  4. #4
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Best of luck, let us know how you get on.

    7 years in retail customer service

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    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

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  5. #5
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Hmmm...
    Ok, there has been a strange development.
    The dates in the initial post are correct, so the delivery has been missing for almost a week now.

    Now apart from posting here and lounging about today (Sunday) Ive been clearing up outside and Mrs Runk has been moving the Lime plant that was next to the front door.

    Mrs Runk went outside just now and there was a white box on our doorstep.
    Its the missing parcel, there is no delivery note, no invoice and its been opened and it is broken.
    We havent seen anyone come down our drive, although probably wouldnt have noticed anyone anyway and our immediate neighbours are away.

    So...
    There are two possible scenarios that I can see.
    1. Someone has signed for the goods, taken them, opened the packaging and broken the goods and then discretely placed the open box on our doorstep.

    2. The driver did not deliver the goods, opened the packaging and broken the goods and then after being questioned about it has discretely bought it back and placed the open box on our doorstep.

    Im not sure which scenario I find worse, whoever it is still has the invoice and so possibly our bank details.

    So not wanting to be dishonest, I assume that our first course of action is to contact BiA and explain that the goods have anonymously turned up broken this Sunday afternoon and to contact Interlink and do the same and see if we can get a description of the person who signed for the goods. (It would be far easier I feel to pretend this hasnt happened and pursue the 'no goods recieved' route. However as we are honest suckers, there is a principle at stake here I think.)

    But I am even more confused now about where we stand in getting the goods we have paid for replaced?
    It does not seem on the face of it, to me at least, to be as straightforwards as it would be if we had recieved the goods and found them broken when we opened the boxes. Or is it?

    I think Ill wait to see if there is any advice here before I contact the relevant companies on Monday lunchtime.

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  6. #6
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    The situation hasnt changed at all.

    BiA still have responsibility to deliver the item in the condition described.

    That hasnt happened - same position.

    7 years in retail customer service

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    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Ok, many many thanks for the lightening fast reply


  8. #8
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Im bored

    7 years in retail customer service

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  9. #9
    Basic Account Holder proc Novitiate

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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    hi i have worked for various delivery companies over the years so know all about how they work.

    If the parcel was signed for by a neighbour then the name would look like this "number name" e.g "20 Donald", "19a Smith" on the internet website as its standard protocol to write the house number if ya leave with neighbour.

    Also with interlink they use a GPRS system which means that they can check within 10 metres where the parcel was signed for.


    My quess is that he mis delivered the item to another house, the occupant unknowingly opened the parcel and realised that it wasn't theirs so contacted interlink.

    The driver then picked the parcel up the following day after being told he had delivered to the wrong address and subsequently delivered it to your house. The reason they didn't leave a card i'm guessing is because knowing his error he didn't want to explain that they had delivered it to the wrong address and the person opened it etc so discreetly placed it on your doorstep.

    As the parcel was already signed he couldn't do any more on the system unless he got it signed for on a paper manifest as all data would have been wiped after the initial delivery.


    I admit to have done this a couple of times but i always try to get the person to sign for or neighbour before leaving it IF its already been signed for before.

    oh as for returning the goods, just return to sender and they will issue a replacement as with most companies.

    Also when leaving a note for interlink you need to leave the actual card filled in for us to collect otherwise the parcel won't be left.

    hope this helps

    P


  10. #10
    Basic Account Holder proc Novitiate

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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    With contacting the police you cant really do anything as on system interlink had a signatureicon and print and even if they cant find the person who did it there is no actual way of prooving that they did it anyway, nor that the driver signed for and stole. Tis a very grey area.


  11. #11
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Quote Originally Posted by proc View Post
    If the parcel was signed for by a neighbour then the name would look like this "number name" e.g "20 Donald", "19a Smith" on the internet website as its standard protocol to write the house number if ya leave with neighbour.
    It doesnt, it just says RONDA. No numbers, no other information and according to the customer services/complaints person Ive been speaking to the driver is unable to give a description of the person he delivered to as he has no recolection of what she looked like even though it was apparantly the last day he worked before going off sickicon.
    My 8 year old has better memory than that, unless hes trying to conceal something...

    Quote Originally Posted by proc View Post
    My quess is that he mis delivered the item to another house, the occupant unknowingly opened the parcel and realised that it wasn't theirs so contacted interlink.
    I can not believe that a literate adult could make that mistake as a driver, all the houses here have numbers on them. Nor can I believe that a literate adult could accept a parcel for Mr Runk, while knowing that they are not actually Mr Runk, and then sign in a false name by accident.

    Nor do I believe for one second that the customer services would lie to me and say that they had not been contacted about an accidental delivery, when in fact they had and knew where the goods where.

    Quote Originally Posted by proc View Post
    The driver then picked the parcel up the following day after being told he had delivered to the wrong address and subsequently delivered it to your house.
    If that is the case, that would mean the picked it up the following day, kept it for almost a week and then delivered in secret, outside of working hours in his own time?
    Honestly you are asking me to believe that?

    Quote Originally Posted by proc View Post
    The reason they didn't leave a card i'm guessing is because knowing his error he didn't want to explain that they had delivered it to the wrong address and the person opened it etc so discreetly placed it on your doorstep.
    Even if there were a grain of truth in this, its dubious conduct at best, and surely gross misconduct and breach of contract with the sender at worst and I doubt its legal?

    Quote Originally Posted by proc View Post
    I admit to have done this a couple of times
    Words fail me.

    Quote Originally Posted by proc View Post
    Also when leaving a note for interlink you need to leave the actual card filled in for us to collect otherwise the parcel won't be left.
    Not correct. I searched the small print on the card, and on the website, and this is stated nowhere.
    But even if it were the case, we did not leave out the actual filled in card, so why was the parcel left?
    Let alone with an unkown mystery person who apparantly has no address and no description?

    Quote Originally Posted by proc View Post
    hope this helps
    P
    It was enlightening. Its good to know the people who are guilty of poor practice monitor these forums. You didnt make any deliveries to the 'wrong address' in Chessington recently did you?


    For the record, BiA agreed to send a courier to my meet Mrs runk at work on Friday and exchange the recovered/damaged for new and will take this issue up with Interlink themselves.
    Apparantly according to them, this has been happening a lot with Interlink recently and it has been causing them a lot of problems.

    Many thanks to Mr Shed for the advice last week.


  12. #12
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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Pleased you got it sorted Runk - well done, and you are welcome

    7 years in retail customer service

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    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!
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  13. #13
    Basic Account Holder proc Novitiate

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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    no i do most of my wrong delivieries in Nottingham.


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    Default Re: Interlink missing delivey and fake delivery signature. What to do next?

    Quote Originally Posted by MrShed View Post

    BiA have a responsibility to get the item successfully delivered to you. Therefore, although they havent done anything wrong, they need to resolve it.
    Sale of Goods Act 1979

    (1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the purpose of transmission to the buyer is prima facie deemed to be delivery of the goods to the buyer.



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