Retailer refusing refund after item marked delivered to wrong address

[Cotswoldlife90]

I ordered a John Deere gator for my sons birthday off the website Kiddies Kingdom costing £420. DPD were the couriers and as I work from home I am usually present for all deliveries. Got a notification saying it had been delivered..no big package and no ring on the doorbell. The picture linked to the delivery is of the correct parcel but inside of the van, the customers Surname is not of mine or my neighbours and the location of delivery is 15 mins away. I contacted Kiddies Kingdom and they effectively called me a liar saying the customer had helped the courier unload the item. Well it wasnt me !! I provided the evidence and a pin drop of my address. They said they'd be contacting the police for fraud. I have started a charge back with my bank and as thought they have refuted my claim. Where do I stand!?

The driver probably nicked it

The driver probably nicked it

The driver probably nicked it

The driver probably nicked it

Sounds like their driver pulled a fast one ... I hope you get it sorted

Not sure what happened there but I think you got the jist!

Apologies if these points have already been made but...

1 if you try to do a chargeback with your bank my understanding is that it will be rejected if there is proof of delivery - even proof of delivery to the wrong address!

2 Under s 29 of the Consumer Rights Act 2015 the seller is liable for the goods until they are delivered into the consumer's physical possession. Obviously delivering the goods to the wrong address is not delivering them into the OP's physical possession. The OP needs to make that point to the seller. And obviously the OP has photographic proof that it was not delivered to her.

3 If the item cost over £100 and the OP paid by credit card she should raise a s75 claim with her bank under the Consumer Credit Act 1974

I had that with DPD and Sports Direct. Thought id have a battle but Sports Direct as soon as they saw the "photo" evidence which was similarly of a parcel in the back of a van refunded me immediately.

OP. Clearly if this has happened then you (as a consumer) are protected and you’ve already had advice on how to pursue this if it doesn’t get resolved.

But I really want to figure out if you’re being a bit OTT here. You are saying they called you a liar, but in the screen shot they’re just keeping you updated on the status of their and DPDs investigation and giving you the opportunity to respond. No decision has been given to you and Irvin’s fair for the retailer to look in to the details. That doesn’t mean they’re refusing to refund you, but they absolutely have to establish what happened otherwise people would be pulling fast ones left right and centre. These investigations can take up to 2 weeks (they’re essentially communicating with you as one of many customers they need to respond to, then back to DPD who probably have hundreds of cases to respond to too). Take a deep breath and unless you have any further updates from them, then you need to just wait and work with them.

I think that’s the correspondence with the bank?

Post on the local facebook that someone has taken in your parcel and you’d like to arrange the collection of it

I think DPD are trying it on, they seem to be the ones accusing you of lying not the retailer?
The retailer should already have the delivery pin and the photo so I'm not sure why they are asking you for more evidence, they already have enough. I'd let the bank deal with it but if you really want to push you could reply to the email asking them to escalate it to a manager.

The law is clear on this. The retailer must refund you if the item has not been delivered. The battle with DPD is theirs, not yours.

You have proof it was not delivered to you. You don't actually need this, it is they who must have proof that they did.

You will win this if you take them to small claims, which is both cheap and easy. But chargeback is even easier of your bank agrees, which they should.

I've had this before - I live on a normal road though. But once was a mobile phone ordered for my (at the time) 13 year old when he lost his. Delivered by royal mail very clearly NOT my house, I have a distinctive drive way. And once with, a entire tree house (although it was 8 years ago for smaller children) they delivered it to a very similar road style, think, youge and yogue, but not my address, the photos included pictures of the people receiving it, and i kid you not, 2 weeks later I had emails about the phone call ''i'' made delivering missing parts the next day. I stood outside and I took the 4 missing posts and a big bag of giant screws.

I never got a refund for the phone, and I ended up screwing myself with a partial refund for the climbing frame house because the cheeky fucks actually did that😥

Sorry to jump on this thread with my own query, but when you say proof of delivery, would you mean to the actual customer? Rather than just to the address?

I'm in a dispute with a company currently who left a large, branded box on my doorstep which then must have been nabbed as it was gone when I got home. I hadn't ticked for a delivery with signature, but my delivery preferences with the carrier were to a drop box to avoid any issues like this.

They're saying they can prove delivery (to the address) and I'd chosen no signature so on me. My understanding is that their responsibility doesn't end until it reaches the customers possession. I've raised a dispute with my bank but it was a fair chunk of money and I'm nervous I've lost it 😭

That photo is not proof of delivery. It looks like it's a photo of the item still in the van. Generally if they deliver an item to an individual, they take a photo of the person with the item!

I’ve had a very similar experience with DPD but with a much lower value parcel.i got a proof of delivery email to a lay-by a few miles away. We are also rural. I did get the goods in the end as another driver delivered them about a week later

Id be really angry in your position and post very bad reviews. To be accused of fraud is appalling. Ive had many many run ins with delivery companies who've been unable to find my address despite instructions given them numerous times, stuff returned to sender. Always got refunds from company though. Suggest you threaten the company who said you were fraudulentwith legal action.

Have you sent KK a screenshot of your location/pin on a map as a side by side with the delivery pin to show they cannot have delivered to your address?

I sent a parcel to my grandson a fortnight ago. It wasn't delivered on the designated day and the following day I reveived a text saying it had been delivered and a photo showing it still on the van. I contacted Evri and Sainsbury's who gave a refund straight away. A week later the parcel was delivered. I contacted Sainsbury's again who told me to keep the parcel as they had already issued a refund. I assume it was the courier not getting all the parcels out and tagging them onto different days.

I thought exactly the same as you it’s a photo of it still in the van you can see another parcel underneath it. This is evidence that it’s clearly not been destroyed to any property. Driver’s stolen it .

I have had the misfortune of working closely with DPD in my last job, they are shocking. You need to put pressure on your supplier (kiddies kingdom) and have them raise a dispute with DPD stating that the delivery image is non compliant, and they need to ask DPD where the gps puts the driver…as from what you’re saying the gps will be nowhere near your home! DPD then need to raise an investigation which will take maybe 7-10 days to yield a result. The parcel will either be found, or kiddies kingdom will get a payout and replace your item. The only problem is that you do need them onside to fight dpd. You possibly frame it as ‘help me on this or you’ll lose the entire amount through bank chargeback’ but of course, you can’t control what the person at their end will do, so bank may be your best bet

As others have said, you are entitled to a full refund. I would bet money the driver has stolen it and the person helping him unload was putting into the back of another van on a country lane to avoid being seen.

You have done the correct thing by going to HSBC but companies will tell you to do this instead of just refunding because it then takes a while for the bank to do a investigation so they can keep hold of your money longer and drag it out. Unfortunately it’s something that a lot of small businesses do probably because they don’t have a huge amount in the bank and need it to pay bills.

I would send a email to kiddies kingdom saying the following:

’Under the Consumer Rights Act 2015, it is the retailers responsibility to ensure that my order is delivered to the correct address. This can be evidenced in several ways, however the evidence the courier has given showing a partial image of a box in the back of an unmarked van is certainly not considered proof of delivery according to law. The GPS location of the delivery is not at my address. My address is xyz and the pin drop clearly shows the delivery was made to abc. I have provided an image of the front of my property from the roadside and also an image of the GPS pin drop. You can clearly see that these locations are not the same, as the pin drop has been made on a country lane with no properties. I am not sure what happened to the parcel and why DPD have said it was delivered on a country road 15 minutes away from my address. That is something you will need to take to DPD to resolve as your contract is with them. However as a customer of yours, you are responsible for ensuring that my order reached me and it has not done so. Please refund me within (whatever their timescale is on their website), otherwise I will be looking to take you to small claims court’

She doesn’t need to reason with this company or ‘get them on her side’. The company know full well they need to refund her and are being awkward in the hope they get someone who doesn’t know their rights and gives up.

Also thank you for posting about this because I was actually considering ordering from them and didn’t because I wasn’t sure if they were legit! I’m glad I didn’t now and I certainly won’t be in the future! I can’t stand small companies like this who think they are above the law.