non delivery of a laptop

orientallady · 5th July 2007, 09:24

hi all,

to cut a long story short. Acer the manufacturers were supposed to redeliver my laptop to me. I live in a flat, flat no. 1, a letting agency are on the ground floor, run by one guy. Acer subcontract deliver to DHL. DHL delivered it to the letting agency who signed for it but they did not leave me any notification of delivery. Acer refuse any responsibility at all. They said they delivered it to my address but they didn't, they delivered it to him on the ground floor.

I took the case to Trading standards officer, sent letter to Acer, re: SOGA etc., but my argument is where is the duty of care. At the moment Acer are denying responsibility, they say my argument isnow with the guy at the letting agency not them as they have delivered the laptop, but how, they keep on saying they delivered it to the correct addresss but they didn't, because I am on flat l, next floor, the guy is on the ground floor (personally I think the guy nicked it, he said knowing I was out at work all day that he left it outside my flat, how can he be so stupid, my landlord has a shop 4 doors away, why didn't he give it to him?).

Presently I am waiting for trading standards officer to contact me, they said I might have to go to small claims court but I am scared of losing, surely Acer owe me a duty of care. DHL say apparently Acer have a clause intheir contract with DHL, they give them permission to leave parcels with neighbours, which is all okay if the company leave a calling card but I got nothing.

Thank you for any advices.

patdavies · 5th July 2007, 23:42

I would take it to the Police.

DHL have a signed for delivery and the person who signed for it has not passed it to you.

Did Acer get your address wrong (ie incomplete). If so, then provided that you can prove that you gave them the correct, full address, they are liable.

If they used the full, correct address, then DHL are liable.

orientallady · 6th July 2007, 08:44

I have done but all te police would give me was a lost form. Acer keep on saying they delivered it to the correct address but I live in a flat, flat no. 1 obviously I was at work so they left it with the neighbour, a letting agency who is on the ground floor, so ineffectively they did not deliver it to me.

sequenci · 6th July 2007, 15:59

How was it paid for?

orientallady · 6th July 2007, 23:10

I paid for it online via credit card in January.

Ecossewarrior · 11th July 2007, 16:50

Can you not just do a charge back on the credit card then?

orientallady · 12th July 2007, 00:26

I spoke to my credit card department the other day and they said I have 6 months to claim. I will checke again

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