nik52wrx

A mate at work ordered a Sony laptop from Play.com which he wanted delivering to work as he's not at home all day, Play wouldn't do this as the laptop due to value had to be delivered to the billing address.

Anyway mate gets home on Wednesday night to find a couriers delivery card on the door mat informing him laptop is next door. He pops next door where new neighbour (rented accommodation) says she put it at his back door.
Shoots back home to find the couriers delivery bag and takes it indoors. He was suspicious as the bag seemed very light and had been opened. The bag contained a nice new Sony laptop box but you guessed it, no laptop. The box complete with all plastic wrappings etc had been neatly put back together and placed back in the bag.

He shoots back next door where new neighbour 'knows nothing', phones police and gets a crime number, phones courier and is informed its nothing to do with them.
A phone call to Play, same response and as a last resort phones his credit card company who also can't do anything because he authorised payment.

Not knowing who has stolen it i would have thought Play are responsible as the goods where not delivered to the billing address.

Anyone had a something similar happen?
Mate highly pi**ed off as he now has 650 quid on his card and no laptop.

Nik.

Borat_Drives_A_Scooby

In my opinion the couriers are to blame.

The parcel has not been delivered to the billing address, its also not been signed for by the credit card holder so he has not recieved the goods he paid for.

Courier firms will do their best to get rid of a parcel with a neighbour as its one less delivery for the driver to do the next day, the contract between play.com and the couriers is for that parcel to be delivered to the card holders address and this hasn`t been done so the courier firm have not done what play.com requested and what the credit card holder paid for.

The courier firm wouldn`t have a leg to stand on in court with a good solicitor.

XRS

Agreed.

Unless he gave instructions for the delivery to go to the neighbour the courier is at fault.

Borat_Drives_A_Scooby

If your friend hasn`t instructed the parcel to be left with next door of which it doesn`t sound like he has done then you should contact play.com again and if you get nowhere a 2nd time then tell them that you will seek legal advice.

At the end of the day the couriers are working on behalf of play.com to transport your goods to the billing address, play.com have not done what it says in the legal customer agreement purchase which was to get the goods safely to your friends house and to obtain a signature from the card holder for the goods.

Point out to play.com that you never left any instructions for it to be delievered to next doors house so the couriers that are working on their behalf are at fault for not delivering it to your friends billing address.

Trust me your friend has the full legal system on his side and also the trading standards, play.com will not want this sort of publicity and neither will the ourier firm in that they are not capable of doing a basic thing right which is to deliver a parcel to the address on the parcel itself and to obtain a signature from the card holder.

At the end of the day play.com would be forced by potential legal action put in a claim against the courier firm for not delivering the goods to the correct address and obtaining a signature from the credit card holder.

nik52wrx

According to the courier ( a big comapany ) they have no instructions from Play to specifically deliver to the billing address and therefore they haven't done anything wrong.
To top that when my mate was arguing his case with Play they put the phone down on him.
He then contacted a solicitor who says Play are to blame as they were contracted to deliver to the billing address as stipulated in their own conditions of sale.
My mate is hacked off as he sees this being a long drawn out saga when all he wants is a laptop.

I have shopped countless times on Play and have an account history over many pages and as bad luck would have it a Nintendo Wii game i ordered 2 weeks ago still hasn't arrived. Looking at their complaints procedures i have to wait 21 days before i can register an undelivered item. This will be 'investigated' where i'm sure the outcome will be 'your item was posted' so tough.
The downside to online shopping i guess but in my case atleast i only stand to lose 15 quid.

Nik.

MikeCardiff

iTrader: (2)

Nik, you wont lose anything - if you buy online and the seller doesnt deliver, then you can claim against them for a refund. Part of your contract when you buy is that the seller delivers the goods. By law sellers arent allowed to say things are sent at your own risk, charge you extra for insurance or refuse to replace or refund if the item doesnt arrive.

It is the sellers responsibility to send things in a way that covers them against loss or damage.

This is why if you buy something more expensive online the seller will get it delivered by courier or SD so it is insured against loss and they have proof of delivery from the signature. If it doesnt reach you then they have to refund you.

I've ordered a lot from play, and never had anything not turn up, but a lot of stuff gets delivered by the normal postman with no signature needed. The reason play will do this is that they work out that the value of stuff that actually gets lost, or people claim hasnt arrived when it has but they cant prove it is less than it would cost them to send everything recorded delivery.

In your friends case unless he left instructions to have the item left next door if he was out, then the couriers are liable to play for the loss, and play are liable to your mate to refund or replace.

Pretty obvious next door nicked it though - as the courier had said he left it with them they couldnt steal the complete parcel, but sticking it by your back door ( who would do this anyway ? you'd keep it at your house until your neighbour got home, then drop it round ) means they can claim someone else did it.

Which is pretty dumb - if a thief did go round the back of your house and notice the parcel, why would they open it, take out the laptop and leave the rest behind ??? they'd just grab the whole thing and leg it as quick as possible.

I would keep an eye on Ebay for any of the same laptop coming up for sale in your area - quite possible that the neighbours will try and sell it themselves or give it to a mate to sell, and play should be able to tell from the serial number if its the same laptop.

Prasius

iTrader: (1)

He didn't sign for it, so he hasn't received it. It's upto Play.com to provide a new laptop, and then sort out with the Couriers themselves. They don't have a leg to stand on.

Please, please, tell me that this was Citylink.

nik52wrx

Afraid not, Parcel Force.

Prasius

iTrader: (1)

Damnit.. thought it'd be another thing for me to hate them for.

David Lock

The nasty arguments are when a parcel is delivered to a multi-accomodation address, say a student Hall of Residence. Addressed to J. Smith and anyone can sign J Smith and one wouldn't expect the courier company to check IDs or the signature. So, in a way, they have fulfilled their side of the delivery contract.

Takiung your case to the extreme Parcel Force could say "well we left it on the park bench because we thought the customer would see it".