Courier claims to have delivered, but hasn't - liability?

Courier claims to have delivered, but hasn't - liability?

Author
Discussion

toxicated

Original Poster:

718 posts

215 months

Thursday 2nd December 2010
quotequote all
Hi,

Had a customer return a purchase and the courier tracking shows it has been delivered to us.

Trouble is we don't have it, it was delivered on a Saturday (when the office is always closed) and signed for by somebody with a name I've never heard of before.

The customer wants a refund as the tracking shows the correct address and that it has been signed for - reasonable enough.

The courier doesn't care - says it was signed for.

We don't have a cleaner on a Saturday or any alternative like that.

So any suggestions on how to progress? I'll have to refund the customer to keep them happy but do I have any way of making a claim against the courier?

Cheers

Du1point8

21,613 posts

194 months

Thursday 2nd December 2010
quotequote all
toxicated said:
Hi,

Had a customer return a purchase and the courier tracking shows it has been delivered to us.

Trouble is we don't have it, it was delivered on a Saturday (when the office is always closed) and signed for by somebody with a name I've never heard of before.

The customer wants a refund as the tracking shows the correct address and that it has been signed for - reasonable enough.

The courier doesn't care - says it was signed for.

We don't have a cleaner on a Saturday or any alternative like that.

So any suggestions on how to progress? I'll have to refund the customer to keep them happy but do I have any way of making a claim against the courier?

Cheers
In the wanting to keep the customer sweet I would say refund and take it up with the delivery company.

However I know some delivery companies only deal with the sender and thus would not talk to you unless it was you that organised the return.

Never bite the hand that feeds you and instead gnaw the arm off the delivery company.

plasticpig

12,932 posts

227 months

Thursday 2nd December 2010
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I don't think so. You have no contractual relationship with the courier unless you paid for collection of the goods.

Lambo FirstBlood

971 posts

181 months

Saturday 4th December 2010
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We had a very similar situation last year. You are stuck between appeasing the customer and getting a result here. The sender has the contract with the courier and if you refund him, you are very unlikely to get you money back.

In my case, the goods had been stolen by the driver. This is probably what has happened here. Very difficult to prove

I would explain to the sender that you just haven't received the goods and therefore are unable to offer them a refund. If the customer is important to you, then give them their money back and swallow the loss.

That may not help. Good luck mate.

TheEnd

15,370 posts

190 months

Saturday 4th December 2010
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If ever there was a perfect crime, it would involve a courier somewhere.

rich1231

17,331 posts

262 months

Saturday 4th December 2010
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This is why when taking a return you should use your courier.
I know its of no use to you at the moment, but investigate getting a blanket in transit loss clause added to any insurance you might have as Couriers insurance will never pay out on medium - high value items.

paoloh

8,617 posts

206 months

Saturday 4th December 2010
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Personally I would refund the customer and wipe my mouth of the situation and move on.

Phooey

12,652 posts

171 months

Saturday 4th December 2010
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Refund the customer - especially if the goods were ordered through a site such as Amazon. I have known the Royal Mail to sign for recorded items themselves - i.e. the postman signs for the letter then pops it through the letter box. Has happened twice where my business is located. Worrying.

ringram

14,700 posts

250 months

Saturday 4th December 2010
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Yeah refund and chase the courier.

Report it to the police as stolen. Complain to DTI, lodge a small claim with the courts, write in to the weekend news papers consumer complaints columns, contact Watchdog etc. Basically make the couriers life hell until they pay up. Though its probably best to talk to the manager first explain the situation and see what he says. If he says no, then say you will have no alternative but to seek redress elsewhere.

If it wasn't signed by the person on the delivery address, then it wasn't delivered was it! Surely the courier was contracted to deliver it to the adressee, anyone else shows breech of contract? Or maybe thats not how it works.