Item not delivered- what do I do next?

[deary]

I bought something from Amazon, from a 3rd party seller (although I didn't realise this was different- I thought I was just buying from Amazon.)

It didn't arrive!

After a month of not getting any reply from Amazon about why my claim was declined, it has now emerged that MyHermes have a signature to show it was delivered. It is just my first name and not my handwriting.

I know I was not at home at the time they claimed it was delivered. That afternoon, the rest of my delivery from Amazon was delivered to my neighbour by a different courier.

Amazon have said that it is not their problem and will not discuss further. MyHermes said they will investigate but have not got back to me.

What do I do next? I am £40 down.

Google your online statutory rights. They are in breach of contract.

Who? Amazon, the 3rd party seller or MyHermes?
Apparently this signature is reasonable proof.
I'm struggling to find an answer by googling- sorry!

Have you made a claim under Amazon's A-to-z guarantee? If so, have you appealed their decision?

However, your contract is with the third party seller, so your rights are against them.

Yes, I've appealed Amazon's decision, they have said there is nothing they can do.
MyHermes have not got back to me within their time frame with the investigation.
The 3rd party seller is not replying!

I cannot believe that someone can fake my signature and that's the end of it.

I've been chasing for 5 weeks and getting nowhere- I just don't know how to tackle this legally now.

Your contract is with the third party seller. They have not delivered the goods you ordered. You therefore have a claim against them. They would then have a claim against MyHermes but that isn't your problem.

You will need to find out who the third party seller is. You then send them a letter giving them a reasonable deadline to either supply the goods or refund your money and stating you will take legal action if they fail to do so. That is known as a letter before action. If they fail to meet the deadline you can take action against them in the small claims court.

Thank you for your advice, I do appreciate it!
MyHermes has since got back to me saying they were unable to conclude their investigation so will escalate the investigation.
I am somewhat cheesed off with Amazon and very wary of ordering online again if it is that easy to forge a signature and it is tough shit!