Goods Not received refusing refund or supply new goods

[warriors]

hi there i wondered if anyone can help me i boughts some goods to the value of £4.500 from a company on the 12 dec 2012 and a courier company they used said the goods have been delivered but i have not received the goods... i have been onto the company nearly everyday since and they keep saying that they have to speak to the courier company and start a claim from them... which they have done but the courier company are still dragging there feet....

 

the courier company have told them that is what delivered and i have not signed for the goods or received them could any tell me where i stand as i am out of pocket for the money and have no goods need some advice it has been over nine weeks now since i paid them for the goods i paid through my bank direct to the company....

 

please help i am desperate for some sound advise should i start a small claims court against the company.....

 

many thanks

 

Warriors

[citizenB]

I will try to find someone who can advise. Shame you didnt pay by either credit or debit card.

[warriors]

:-)i know but did not have enough on credit card but i paid it direct from my bank to theres is not not the same as doing on debit card.... thanks for you help

 

the company i bought it from are not willing to send or refund until they have got the ok from the courier company that they will pay them but the company had it insured so cannot understand why they are taking so long to make a decision surely i have some rights.....

[citizenB]

I agree, there appears to be some problems from the courier side of things. They should know where the items were delivered. I would have also thought that at that value, a signature would have been required.

 

Have you put your concerns to the company in writing . I suspect that you are going to have to issue a small claim through the county court. I have alerted site team for you, so someone will be along soon.

[warriors]

ok thanks i have given them it in writing but the company say it was delivered to my address and signed for by me but only using my first name as a signiture which i did not sign for and have not took receipt of the goods the courier company sent the driver round to me on the saturday and i spoke to him in front of my wife and the postman and he admitted he left the goods outside and put my name on the delivery docket but when confronted by hes company he told them that someone was working in my garden and by a miricale he's name happend to me the same as mine i have never heard so much crap in all my life and that he took it in my house...

 

so i have been fighting this for the past 9-10 weeks and still not getting anywhere....

 

many thanks for you help

 

warriors

[warriors]

i think i am going to have to take it to a small claims court as i am banging my head against a brickwall how much does it cost and can i have witness in the court etc

 

many thanks

[IdaInFife]

what is the company you are dealing with?

 

I would advised the courier and the company that you will contact the police regarding this as well

 

I would then out it in writing you have waited long enough and want a refund in full within 14 days

[warriors]

i have already contacted the police and got a crime number but the police say unless they will not refund you are resend the goods there is nothing the police can do until then that is why i think they are stalling for time... what are my rights even if the courier company say it has been delivered.....

 

thanks

[citizenB]

Well the company have to prove that it was delivered to you and that YOU actually signed for the goods.

 

Once you have issued a claim then you will be entitled to ask them for a copy of the signed receipt where you are then in a position to disprove that it is yours. If the courier is insisting it left them at your property then they can be asked exactly where, at what time.

 

 

 

Claims under £5,000 will be issued through small claims and cost £30.00 - which I believe you then add into the claim so you get that back.

 

As long as you keep the claim under £5,000 you could probably add the costs of telephoning / writing / to the company to resolve this matter. But others will confirm this for you.

 

It it quite likely that as soon as you issue the claim they come to their senses and either refund or replace the goods for you.

 

Make sure you know exactly what you want to say on the claim form and make a note of any dates where you have contacted the company/courier and what has been said. Any letters you have sent them should also be put somewhere safe as you will probably have to produce them should it actually end up in court.

 

I guess the basis of your claim is that..

 

On DATE you ordered GOODS.

They werent received.

 

Company says they were despatched by COURIER

Who says they were delivered and signed for / left in the front garden.

 

You have NOT received the goods and deny signing for them. It has now been 9 weeks and despite numerous communication by telephone/letter/email etc the Company is refusing to either refund or replace.

 

Someone will help you put a claim together properly if that is what you want to do.

 

IMHO, your contract is with the COMPANY - not the COURIER.

 

So the company should be replacing/refunding and then dealing with the courier themselves to be refunded.

[warriors]

the courier firm say it has been delivered and signed by the consignee which i never signed for anything as was not in at the time stated so they sent the driver to my address 2 days later and i confronted the driver in front of my wife and the postman at the time and he admitted he left them in my front garden which is on a busy main road and visable to everyone waliking past but changed he story when interview by hes firm as my previous post says....

 

if someone could help with sorting a claim out that would be great as not very good with legal stuff...

 

thanks again for your help and advise

 

Gary

[slick132]

Hi Warriors,

 

Before you start any court action, you should send them a Preliminary Claim letter to put them on notice that you require the goods delivered as per your contract, or a full refund, within 14 days.

 

If you've already done that clearly, or if they fail to respond positively to your Prelim Letter within 14 days, you send them a Letter Before Action repeating your demands and giving them a final 14 days to comply.

 

If they still fail, then you proceed with a court claim.

 

[warriors]

hi there i have not down either of them yet as been going back and forth with them and they have been trying to get stuff sorted with the courier company who is stalling the company i have the order with this is why it has taken over 9 weeks and we are still not anywhere forward than we was in december 2012...

 

could you please advise if there is templates for the letters you mentioned or do i have to just wright a letter but not sure what fancy words to use to make them stand up and listen a bit more....

 

many thanks everyone who has taken the time to reply and try and get my problem solved

 

Gary

[warriors]

meant to say done..... lol

[citizenB]

Is it a Letter before Action you require a template/draft for ?

 

I think all you need write is something along the lines of the following :

 

 

 

Dear Sir or Madam

 

LETTER BEFORE ACTION

 

On DATE goods were ordered from your company.

 

These goods have not been delivered and it is now some 9 weeks since I made my initial complaint, which is totally unacceptable.

 

I am now advising you that I require either replacement GOODS or a refund of the monies I have paid within 14 days from the date of this letter (enter the date 14 days forward).

 

If you do neither, then I will be issuing a claim through the County Court. The claim will also include my costs to date and any costs incurred issuing the claim.

 

Yours faithfully

 

NAME

 

 

Send it either recorded or special delivery - keep the receipt and check the RM website a couple of days after posting so that you can print off the notice of receipt and signature.

 

Send the letter to their Head/Registered office as that is the address you will use when issuing the claim if it gets that far.

[warriors]

thanks for all your help and if there is any other info i could use that would be great if anyone can pass it onto me

 

Gary

[warriors]

hi there is that sample letter all i need to send them as anyone got a template for before court action and one if they do not come forward in 14 days

 

many thanks

 

Gary

[slick132]

Hi Warriors,

 

Send the letter in post #14 now, as your preliminary claim. Use Recorded Delivery.

 

When/if they fail to respond positively within 14 days, send the same letter but this time with the heading "Letter Before Action" Use RDel'y again.

 

If they have still not sorted this after the final 14 days, you can take court action against the vendor.

 

[warriors]

so i have to give them 28 days in total but i have already been sending emails and phone calls for the past nine weeks....

 

many thanks

 

Gary

[slick132]

Noted, in which case, just send the letter marked Letter before action giving them a final 14 days.

 

[stu007]

Hi

 

Just something I have picked up on reading your thread that concerns me is

 

The courier chap came to you and admitted he left the good if the front garden but left all that out in their statment to the courier company saying they delivered goods.

 

So that means that the courier must have forged a signature but also raises the question of did that courier actually delivered the goods.

 

I would be asking for a copy of the delivery reciept for the goods to see the signature.

 

I would also see if the postman that was present when the courier made their admission to you if they could possible do a witness statement for you.

[warriors]

well this is what i am saying to the company thant i bought the goods from and they said to me that the courier company do not need a signature it can be anything as long as they have something to say the good were delivered and i am saying that is insane the whole point of a sign delivery is you get a proper signature which they have not.... as i have not received the goods so how could i sign for them.... the driver has said that someone working in my garden signed for the goods to cover hes own back and low and behold the person name was Gary which happens to be my name bit of a coinsodiance.... just having a hard time trying to get to the bottom of it and getting worried if they can get away with such a stunt....

 

there must be some law on my side to disprove there lies like conparing my signature with the one they have i also have 2 witness that where there when the driver admitted he left the goods in the front garden and signed my first name....

 

Many thanks

 

Gary

[stu007]

Hi

 

In that case I would ask the company you purchased goods from for a copy of their goods delivery policy and procedure and also ask the courier company for exactly the same thing.

 

Its all fine and well them saying that to you but where does it actually state this in the companies policies and procedure you need to see that in black and white yourself

 

and the way to do that is to inform them that you require copies of all documentation relating to that policy and procedure as goods of such a value should always require not just a signature but proof of identity before handing over such high value goods.

 

Remember as they are saying its company policy then you want a copy of that companies policy that states this.

 

Please please try and speak to that postman to see if they would do a witness statement on the events of the day the courier made their admission to you when they were present.

Edited February 19, 2013 by stu007

[warriors]

ok i will ask them tmrw to get copies of thiers and the courier company policy on delivery of goods etc... and i am waiting to see the postman regarding the statement from him

 

many thanks

 

Gary

[slick132]

Hi Warriors,

 

I wouldn't muddy the waters just now.

 

Let the Letter Before Action show that you're not interested in the stupidity of who signed what and why.

 

You paid for goods and they were not safely delivered to you.

 

Speak to the Postie, sure but I would not start asking for copies of delivery T&C's for now.

 

Just MHO.

 

[ericsbrother]

Basically the courier has used a false instrument to gain a pecuniary advantage (fake signature to get paid for a job not done), which is theft. Tell both companies this but remind seller that your contract is with them and they have failed to perform to the contract (not delivered good paid for) and thus it will be them who is taken to court for breach of contract. Tell them that you will help them with their claim against the carrier but this will not deflect you from your claim.