missing items not delivered but left in driveway by courier

[josh]

Hi I would be obliged if someone could advise

we ordered 3 rugs from Ebay, we were not in when they came to deliver, from what I can understand the driver states he left the 3 rugs in the front drive near the garage, when I came home at 4.20 I only went to look after reading the card and found 1 Rug and the other two were not there.

I contacted the seller, he advised that they should not have left them at the front of the house and he will investigate, in that time I have waited for 3 days for any response and now he refuses to give a refund and also issue replacements as he is confirming that he supsects they have been stolen or fraud is involved, I am prepared to cooperate with him to deal with the matter through the police but he has now stated that he wants me to sign a declaration to confirm that the goods were not received and there is no replacements until matter is concluded.

My Concern is that I have only received one rug and not the other two and his courier company just left the rugs on the drive where only one was then found so I am a little concerned about this.

Please advise what my legal remedy would be to obtain the rugs not received or a refund.

Thank you

[Amethyst]

Re: missing items not delivered but left in driveway by courier

Who were the courier company ?

Did you instruct the seller or courier company to leave the rugs in a 'safe place' at all?

How did you pay for the rugs ? (paypal / credit card ?)

It is the sellers responsibility as the courier is an extension of the seller and the seller is duty bound to you to deliver the goods (ie. your contract is with the seller), so must sort his recompense with the courier company - and you should have a refund of the two items not received.

The declaration to confirm the two other rugs were not received is to assist the seller in his claim against the courier company.

[josh]

Re: missing items not delivered but left in driveway by courier

Hi there

The driver stated he left them outside the front garden, near the garage, the seller accepts this and is now making a accusation of theft, and wants me to sign the declaration (I have done this and sent this back to him to allow him to investigate the matter) but it is disgusting that they don't send the goods securely and then blame the customer, he has also said he will prosecute should the matter find that the Rugs have been found, I don't know what the hell he is on about, but have assured him he can send the police round and search my house if they have to as I don't have the bloody rugs.

I don't need this stress I just wanted 3 Rugs, paid in full and now he is threatening me with the police!!

I paid for these with a credit card, through paypal, and have submitted a claim via paypal, but even that is 20 days before I see my money back, I have by the way rejected the goods under the sale of goods act as he is refusing now to give a refund or the rugs until the matter is resolved.

[josh]

Re: missing items not delivered but left in driveway by courier

Who were the courier company ?

Did you instruct the seller or courier company to leave the rugs in a 'safe place' at all?

How did you pay for the rugs ? (paypal / credit card ?)

It is the sellers responsibility as the courier is an extension of the seller and the seller is duty bound to you to deliver the goods (ie. your contract is with the seller), so must sort his recompense with the courier company - and you should have a refund of the two items not received.

The declaration to confirm the two other rugs were not received is to assist the seller in his claim against the courier company.

I have just checked the website for the Company UKMAIL, and checked of the carpet that was delivered and recovered by me, this shows that they had left it in a secure place in the garage, on their website, I can confirm this is a lie as no one was in so how could it have been left securely?

I paid via Paypal and Credit card, but the seller is providing the above information to ebay, indicating the delivery has been made, but this is not true as only 1 of the 3 rugs were there when we came home.

Please can you advise as the seller is not prepared to give a refund or send replacements, I have put a claim in through Paypal but they have indicated they are waiting for the delivery confirmation and once this is received they will close the case, this can not be right as I will have paid for 3 rugs, received 1 and then lost money as the courier has lied?

THANK YOU

[enquirer]

Re: missing items not delivered but left in driveway by courier

There are several possibilities.

(1) 3 rugs were sent. 3 were delivered. 2 were stolen off the drive by an unknown person.
(2) 3 rugs were sent. 1 was delivered. 2 were stolen by the driver.
(3) 1 rug was sent. 1 was delivered. 2 were 'stolen' by the seller.

[josh]

Re: missing items not delivered but left in driveway by courier

There are several possibilities.

(1) 3 rugs were sent. 3 were delivered. 2 were stolen off the drive by an unknown person.
(2) 3 rugs were sent. 1 was delivered. 2 were stolen by the driver.
(3) 1 rug was sent. 1 was delivered. 2 were 'stolen' by the seller.

Thank you for your comments, I am concerned that they are trying to get out of sending me the rugs not delivered correctly and paypal will say they have been delivered as it is their policy that they goods are delivered to the address and a track of this confirmed online, they have done this but I again state they have lied, so do I just put up with the loss, fight through court or the seller who is now silent on the matter?

thank you

I am worried as hell about this, I did not know that in this day and age this kind of stuff went on!

[enquirer]

Re: missing items not delivered but left in driveway by courier

There are two views. Which one prevails depends on the circumstances.

The first says that the seller only acts as your agent when he despatches the goods, so you have to take it up with the courier. The second says that you have contracted with the seller for delivery. If his contractor (the courier) screws up, it's his problem.

As you are a consumer, I believe that the second applies (Sale of Goods Act 1979 s32 ss4).

However, as it's something of a mess (eBay, PayPal, courier, and unresponsive seller), your simplest route may be through the credit card company - you paid but did not receive. Let the rest of them then fight it out amongst themselves.

[des8]

Re: missing items not delivered but left in driveway by courier

However, as it's something of a mess (eBay, PayPal, courier, and unresponsive seller), your simplest route may be through the credit card company - you paid but did not receive. Let the rest of them then fight it out amongst themselves.

The difficulty here is that Paypal were paid by the card company. The seller was then paid by Paypal.
Credit card companies have been known to say their transaction is considered to take place the moment you load the Paypal account, not when that paypal account is used to pay for the goods, and so no refund from card.

[charitynjw]

Re: missing items not delivered but left in driveway by courier

How much did it cost?

If under £100 for credit cards, or for debit cards transactions, you could try chargeback.

[CleverClogs]

Re: missing items not delivered but left in driveway by courier

How much did it cost?

If under £100 for credit cards, or for debit cards transactions, you could try chargeback.

That should certainly prevent similar problems in future, as PayPal would then start to play at Silly Buggers.

[enquirer]

Re: missing items not delivered but left in driveway by courier

The difficulty here is that Paypal were paid by the card company. The seller was then paid by Paypal.
Credit card companies have been known to say their transaction is considered to take place the moment you load the Paypal account, not when that paypal account is used to pay for the goods, and so no refund from card.

Point. Asking is for free, however.