my laptop has been fraudlently signed for and stolen

[trets77]

any help, advice or Support that you could give would be most welcome as i am very upset , here is the story.

 

 

My brand new £800 laptop devolped a fault after just a few weeks . i sent it back to supllier ( who i am not ready to name and shame just yet) under it's warranty and their collection service . they duly fixed it and then used DHL to return it to me.

 

 

it never arrived last Friday as it was supposed to and no card was posted through our door to say they tried to deliver it. Yet on chasing the delivery on Saturday the tracking number claimed it was signed for by someone with my name on Friday afternoon at my address.

 

this was impossible as both me and my wife were at work ( we are the only ones who live at this address) , and we can 100% prove we were at work. i have to sign a legal doucument everytime i report for duty at work and cannot leave where i work until someone else takes duty and i sign off again . plus all phone calls i make are voice recorded and time and date logged. my wife can produce half dozen witnesses who can tesifty that she was in her office until well after the supposed delivery happened. we have asked all our neighbours and they do not have the computer either

 

 

today the computer supplier said they had recieved proof of delivery from DHL , they have a signature from my address , this ends there involvement in this , and i should call the police and they can do nothing more . to say i was outraged by their attitude to this is a understament :evil: . when i can 100% prove i did not sign for this. and both our employers ( large multi national companys) will swear to the fact that we were at our places of work at the time DHL claimed we signed for the parcel at our home address.

 

i have contacted their complaints department at head office and got in touch with someone who seems willing to do something and claim agaisnt DHL . i have also reported the incident to police although i hold little hope of them tracking it down. i have also opened a complaint with DHL complaints department

 

we have a copy of the Proof of delivery and the "so called" signature bears very little resemblance to either mine or my wifes signatures. we are faxing copies of our passports and driving liscenses to the computer supplier tomorrow.

 

where do i stand legally in dispute of this proof of delivery and fraudulent signature ??

 

. and what obligations does the computer supplier have to me their customer who is misiing one very expensive laptop that was in thier care. ?????

 

i paid for the laptop on my credit card , should i attempt to get them involved if i hit a brick wall??? does my home insurance cover me agaisnt such theft ???

 

 

i am very distrubed that someone can sign for my property and DHL and My computer supplier can basically cut me adrift and say " not our problem !!"

 

 

any advice on this very upsetting situation would most welcome

[tomterm8]

...

 

today the computer supplier said they had recieved proof of delivery from DHL , they have a signature from my address , this ends there involvement in this , and i should call the police and they can do nothing more . to say i was outraged by their attitude to this is a understament :evil: . when i can 100% prove i did not sign for this. and both our employers ( large multi national companys) will swear to the fact that we were at our places of work at the time DHL claimed we signed for the parcel at our home address.

...

 

where do i stand legally in dispute of this proof of delivery and fraudulent signature ??

 

...

 

any advice on this very upsetting situation would most welcome

 

IMHO, the computer supplier (if they sent your computer to your address as specified under the conditions of the contract) are not liable for the theft.

 

It would appear to me that DHL's insurance should cover it. Some credit cards offer an extended protection insurance, which the goods might be covered with 9barclaycard, for example).

 

I would suggest, as an immediate action, that you contact the police.

[trets77]

IMHO, the computer supplier (if they sent your computer to your address as specified under the conditions of the contract) are not liable for the theft.

 

It would appear to me that DHL's insurance should cover it. Some credit cards offer an extended protection insurance, which the goods might be covered with 9barclaycard, for example).

 

I would suggest, as an immediate action, that you contact the police.

 

 

already done , i have a crime number ect.

 

the problem i have had is that DHL claim that because the supplier is the account holder it,s up to them to pursue it. and they refuse to provide me with any information .

 

surely they cannot continue to dispute this delivery when i and my wife have cast iron proof that we could not have been at the addressat the time the driver is claiming the package was signed for at ??

[tomterm8]

the main thing to do is to make sure that the laptop supplier notifies them in writing within fourteen days of the loss of the laptop.

 

Ultimatly, If I were you, i would also send them a letter notifying them of the loss of your laptop when in their care at the same timescale.

 

then post up whatever they send you.

 

Edit:

 

the bottom line is that there is an easy to prove contractual liability between the laptop seller and the postal operator, and it would be easiest for you to use that route if at all possible.

[Darkangelsdelite]

If it were me, i'd contact the legal cover section on my home insurance and get some proper advice and then let them to take it over and sort it out for me.

[davethorp]

I had a similar thing happen with a mobile phone a couple of years ago. The company I bought the phone off had to reclaim off royal mail so I'm guessing a similar procedure should be the case with this too

[trets77]

thanks for the replies guys. a letter outlining the proof i have that it was impossible for me or the wife to sign for this package and giving them 14 days to respond will be in the recorded post tonight. i have also let them know that the next letter they will be receiving if they don,t respond will be a letter of intention to proceed to court action.

 

hopefully the nice lady from the escalation department of the computer supplier ( it is a well known large company) will have some luck with the signatures in our passports and Driving liscenses today.i will be sure to ask her if the company has written to DHL informing them of the loss of the laptop.

[mcjohnson]

Assuming that your supplier provided with a delivery date, why had neither you or your wife arranged to be at the delivery address to accept this consignment?

[Conniff]

will swear to the fact that we were at our places of work at the time DHL claimed we signed for the parcel at our home address.

 

It's irrespective what DHL claim as they have 'a' signature and not 'your' signature so this should not be that hard.

It will be up to the supplier to sort this out and for them to claim back off DHL as they were contracted by the supplier and not by you.

[trets77]

Assuming that your supplier provided with a delivery date, why had neither you or your wife arranged to be at the delivery address to accept this consignment?

 

 

DHL had not arranged a delivery date nor had the computer supplier who had had it for over 2 weeks "awaiting parts" . we were not advised the laptop had been despatched or intended delivery date . the first we knew was when we checked the status of our repair , for it to indicate " item despatched and recieved "

 

 

we seem to be getting somewhere as the helpful lady in the complaints department has said it is clear the signatures do not match and has accepted we have proof we were not at our address to take delivery. she says she just needs managment to sign off on our replacement Laptop on Monday. so fingers crossed.

 

DHL advise the driver has been interviewed by senior DHL managment on friday and this is now the subject of a full investigation by DHL . we will be informed of his/ her version of events on monday also. end of the day they can claim whatever they want , we have indisputable proof that i could not have signed for it like the driver claims.

 

i have held off the letter to DHl head office, i can leave it till wednesday and still have the letter the within 2 weeks ( with proof they recieved it ) until then. hopefully i will be the owner of a new replacemnt laptop by then.

 

will keep you updated

[Conniff]

I am glad this is all coming together at last. It will be interesting to see the outcome of the driver interview.

Will you be letting this rest on receipt of you new laptop trets or taking it further? as it is you who was being defrauded.

 

I wonder how many time this happens and the percentage of times they get away with it.

[shywazz]

Internal interviews between the driver and his company will not become known to you or any other person, this would fall within the data protection act, that is between the driver and company.

Lets say when the driver tryed to deliver the item, a neighbour said there would sign for it, the driver said okay and thought nothing more of it. Neighbour gets new laptop, driver gets into trouble. Or what if someone was in ur garden at the time of delivery, and that person signed for it, the driver wouldn't know if it was for them or not, ANYONE could have signed for this item, There are loads of ways this can be looked at, and most not the drivers fault, he had a item on his round to deliver at ur address, he did this. Its not really his fault the item has now been stolen.

The delivery company have insurances for such happenings, hence i would think the claim lays at the delivery company. But it would be hard to prove or indicate that the driver is involved in this act.

[tomterm8]

Internal interviews between the driver and his company will not become known to you or any other person,... But it would be hard to prove or indicate that the driver is involved in this act.

 

The driver probably didn't do anything wrong.

 

However, it's not just an internal matter, it should be a police matter, and the police should investigate it.

[Weird Al Yankovic]

My suspicions would be with the driver I'm afraid.

 

If a stranger was at the property, by chance and outside, and signed for it then the driver will be regarded as negligent by DHL-however innocent this may be.

 

He would know he had a delivery to a certain address and the name/s of the recipient. DHL will simply ask the driver did the recipient answer the door (to be certain)-if not-then he's in the wrong. He should have asked for id.

 

Some delivery firms won't allow neighbours to sign for items anyway. Drivers do this so as not to clog up their round for the next day.

 

The driver could be, and probably is, self employed but contracted to DHL so DHL won't have the insurance for this event-the driver will.

 

But, the insurance won't pay out because if the driver says he thought a neighbour signed for it then the insurance will simply say he was negligent if that 'neighbour' turns out not to be.

 

As with the postal service, thefts increase in the run up to Xmas as casual staff are employed and the security measures are not as tight. This could be an explanation.

 

However, the OP has done the right thing in that DHL need to get to the bottom of it and the police have been informed.

 

The internal interview will become known to you if it is found the driver did in fact take it as the police will tell you so once they investigate-which they should do as it appears to be theft.

[Lula]

Usually, if a delivery driver leaves an item with a neighbour, the neighbour has to put his/her name and address, the delivery driver then puts a card through the intended addressees door stating that this has been done, I know this because i often take in items for my neighbours and I always insist that this has been done.

 

In this instance the delivery driver and the documents would suggest that as the OP could not possibly have signed for the item, some element of dishonesty has occurred because of the fraudulent signature and address details, I am afraid that because of this, I would be looking at the driver.

[trets77]

well no word back from the computer company today, but my wife says they said it may be monday or tuesday , but they would definatly be in touch by tuesday.

 

the situation is this. the proof of delivery that we now have a copy of , clearly claims the signature surname is my surname . DHL claimed that someone of my first and surname signed for the package. (yet all who saw the signature admitted it was impossible to gather this from the signature).

 

The facts is if they are claiming the someone of my name signed for it at my address , i can 100% prove that someone was not me or my wife

, because i can prove beyond doubt i was 10 miles away at work and the wife was 20 miles away at work. and we are the only people who live there or have a key. therfore they have no defence IMO.

 

if the driver did leave it with a neigbour , where is the card through our door telling us a much ??? , besides our neighbours are nice people , and i do not suspect they have it for a second.

 

so the question remains how did the driver get a signature that does not match ours ,credit it To someone with our surname ( which we can prove was not us ) , at what he claims was our address that we can prove we or anybody else were not at ??

 

he/ she is either grossly negligent or trying to cover something up. when we orgianlly chased our parcel , they rang the driver who claimed no recollection of being our area.

 

anyway way you look at it nothing about DHL's story holds up , makes sense or will hold agaisnt the concrete proof we have about our where abouts. surely this must be settled in our favour .. very quickly.

[Lula]

Trets, i totally agree with you, take all the evidence to the police, copying DHL, and kick off about this, sorry, I mean be assertive in your claims that this is a criminal matter and should be investigated by the Police. You will get no joy from the pc company, indeed, it has nothing to do with them.

 

Let us know how you get on.

[Lula]

oh,i meant to say, keep a copy of everything for yourself too

[trets77]

well good news , the computer supplier is giving me a replacement laptop of identical spec or higher if they are out of stock. they are claiming off DHL in the mean time.

 

this should have happened a week ago IMO , but i was not in contact with the nice lady in the claims department , i was dealing with couldn,t care less customer services (HA!!) helpline monkeys :-x ( i will be naming and shaming them all personally as soon i have my new laptop;) ) .

 

my anger is directed at them . i know it was not the computer companys fault that the laptop got lost , or they are liable for the cost of a replacment, but to first LIE to me and say they would do a full investigation ( when all they did was obtain the fraudlent siganture of DHL) and to then tell me "not our problem goodbye and F**K OFF " is customer service of the very worst kind . they would not even give a telephone number of someone who could help . like the lady currently dealing with this is beyond the pale IMO.

 

call me petty and vindictive but intend to try and plunge the knife very deep into them and twist hard with senior managment ect( there are four , i know all there names ) .again when i ahve possesion of my new laptop.

 

any good ideas of how to write a strong letter

[Lula]

Hi Trets, that is superb, but a word of advice, If I were you, yes, write a letter , keep it factual and insist that this is a matter for the police to deal with, I would take the high road with this one, after all, you might need some more customer services at some point - but a good result non the less, Well Done

[trets77]

well still no Laptop and the replacment deartment cannot find me one, so looking like a full refund. but they are all sick at the moment.

 

to be honest i really cannot be bothered with writing a hatchet job letter now, i just want this sorted .

[Guest 10110001]

You have a crime number. Just buy another laptop and send them the bill. If they rebut then file a claim in the small claims track. Name the retailer AND the delivery company (head office addresses only) together as joint defendants.

[tomterm8]

It is also good to highlight the people who actually did help, i.e. the customer service advisor.

 

I would say, if they do what they have said, ultimatly the company has gone beyond what the legal and contractual framework says the Laptop supplier must do, and IMHO, it is good customer service.

 

Pity it took so much effort to get to the good service.

[trets77]

well STILL NO REPLACMENT LAPTOP OR REFUND :mad:

 

for the Record the company is ACER

 

and i cannot use the words good customer service with thier name in the same sentance.

 

they could not find me a replacement so i gave them proof of purchase 2 weeks ago , and they said they would give me refund. nothing arrived ( surprise , surprise ) so i rang them up , to be told i would have to wait upto 10 working days for a cheque now :mad: . regardless of the fact that gave them all the info they needed for issuing the cheque a week earlier.

 

they have siad the cheque will be here by the 17th 100% guaranteed . given their previous broken promises i'm not holding my breath.

 

DHL rang me a week ago to say the laptop was stolen before it ever got on the drivers van, by someone hacking into the drivers PDA. apparantly they are not password protected:eek: . DHL do not dispute , the laptop never arrived at my address ( the driver is admant she never came here or ever had the package) . The Police also visted me to say they are satistified it was stolen by someone while in DHL's care, and making futher enquiries.

surley ACER must now pay me a full refund given that DHL are paying their claim?? . it like trying to get blood out of a stone though.

 

what are my options if the cheque is not here by the 17th ??? i''m tired of thier excuses and surley telephone staff ( the useless woman called Sara who orginally told me to go whistle for my laptop, has now replaced the lady who help us and refuses to connect us to her ) . it has been over a month since my laptop went missing .

 

i'm prepared to take this to court now and report Acer to the police if they have claimed thier money of DHLand not issed me a refund. surley ACER do not have a leg to stand on now DHL admit it has been stolen in thier care ??

 

folks if your considering a new laptop AVOID ACER COMPUTERS LIKE THE BAD SMEll THEY ARE IMO

[StormWarrior]

Go on the acer website pick a suitable model and suggest that they send it.

It will cost them less, and you get a nice shiny new lappy.