Game Store/DPD left playstation on doorstep/stolen - cant get refund/replacement

[magoogy]

i bought a gaming console from game for my sons birthday in October.

I asked if not in to leave with my neighbour 4 doors down.

 

As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep which is open to the whole street - we dont have fencing and we were opposite a block of flats (since moved). I went to look and it wasn't there.

 

I've been in dispute with dpd and game about this issue and they are saying it was delivered ok, there's nothing that they can do.

used resolver to try help me but they've closed the case saying i now have to take it to court as a civil matter.

 

Is that indeed the only option i have now please?

[BankFodder]

I'm afraid it is extremely likely that you will have to do sue DPD in the County Court.

Don't worry it won't be difficult. We will help you and I expect that you will win.

Have you got evidence that you asked them to leave the console with your neighbours?

Please start reading up on the stories on the Hermes sub- forum – the Hermes stories because the route that is taken with Hermes will be the same route that you have to take.

Read up fairly thoroughly – probably a couple of dozen stories and then come back here and we will help you get started.

[Manxman in exile]

Why bother with the uncertainty and hassle of suing DPD?  Isn't Game simply liable under s29 of the Consumer Rights Act 2015?  All the OP needs to point out - again - to Game is:

 

29 Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or... 

[magoogy]

hi - i dont suppose you can help me with the wording of an email to them please - i have fuzzy brain atm - working nights is a killer and its sooo busy atm because of covid. thanks

 

id really prefer not to sue as it seems so costly and lengthy - i just dont have the brain function or money atm for this with just moving house. Ill take the belows advice and read up on the forum too to try get my head round things - your help is appreciated.

[BankFodder]

It's not costly – and although it's not instant, it will probably be the only way forward.

Have a look at the Hermes threads – you will soon get to understand that it is fairly straightforward and it really is simply about filling in a few forms and then eventually having a phone call with a mediator.

What was the value of this console?

[BankFodder]

Yes, suing Game is certainly a possibility and might be a better idea. I don't know why that notion passed me by.

However, the route will be broadly the same as well as the cost.

Have you written to Game about this?

[Manxman in exile]

Just write to or email Game telling them that s29(2)(a) of the Consumer Rights Act 2015 makes it perfectly clear that the trader (in this case Game) is solely responsible for the goods until they are delivered into "the physical possession" of the consumer.

 

Consumer Rights Act 2015

WWW.LEGISLATION.GOV.UK

 

Tell them that, for example, a photograph from DPD of a parcel on a doorstep in front of a closed door is clearly NOT evidence that Game have fulfilled their statutory obligation to deliver the goods into your "physical possession".  In fact it proves that they did not do so!

 

Tell them that you want either a full refund or a replacement console, and that if they do not comply you will start court proceedings and also claim from them your additional costs in having to do so.

 

If they don't fold at that stage - and they may not as they are clearly idiots - you need to research how to make a court claim and letters before action etc.

 

[Edit:  If they tell you to complain to DPD, tell them that DPD is their problem, not yours!]

 

 

Edited February 2, 2022 by Manxman in exile

[dx100uk]

 

[Manxman in exile]

On 01/02/2022 at 15:46, BankFodder said:

Yes, suing Game is certainly a possibility and might be a better idea. I don't know why that notion passed me by...

 

Perfectly understandable as you spend a lot of your time explaining to posters how to get satisfaction from crap couriers like Hermes etc.

 

But in this case - happily - I think that the legislation makes it clear that Game are in straightforward breach and there's no need to pursue DPD for this - no matter how useless they are.

 

Until consumers start suing traders - when those traders are in clear breach of the legislation - , traders won't use better couriers...

Edited February 2, 2022 by Manxman in exile

[magoogy]

thank you everyone for all your advice.... ill update once ive received a response from game

[magoogy]

final response from game they said - they have proof of package been delivered so they are satisfied its been received 

[BankFodder]

Do you have evidence that you told them to leave it at your neighbours down the street?

[magoogy]

ill find out..... but ive a feeling that will be no - if thats the case what can they do?

 

thanks

 

hi - no they dont have actual evidence  - they just ticked the box when the delivery email came where it gave you the option to.

 

 

 

 

 

 

[BankFodder]

2 hours ago, magoogy said:

 

they just ticked the box when the delivery email came where it gave you the option to.

 

 Sorry but I don't understand this

[magoogy]

they said they received an email saying their parcel was on the way and that they can choose a safe place - it gave them options of where to leave it if they werent in and they ticked 'leave with neighbour at ......' - i have had these emails myself when a delivery is due and it takes you to an online form to fill in and state where you want it leaving

[BankFodder]

I'm still getting a bit confused.
So you have evidence that they apparently left it with a neighbour – yes?
But earlier on he said that they left on your doorstep then it disappeared.

 

[magoogy]

no - he asked them to leave with a neighbour but they left it on the doorstep instead 

[BankFodder]

Sorry, but it's still not clear – who is "he" that asked them to leave with a neighbour…?

[magoogy]

oh im sorry - i havent made myself clear - im updating on my brothers question for him as he asked me to - didnt make that clear sorry, i should have put that 

[Ethel Street]

3 hours ago, magoogy said:

final response from game they said - they have proof of package been delivered so they are satisfied its been received 

 

Have they sent you a copy of this 'proof'?

 

If yes please post a copy on here (with any personal details covered up).

 

If no get straight back to them and ask for a copy.

[magoogy]

ok thanks - he said he doesnt have proof of it so i will advise to get a copy of it as proof...... thanks

[BankFodder]

So I understand that we have two people posting under the same username.
This may well explain the confused messages and the confusion that it is causing

[magoogy]

yes sorry - brothers asked me to update and to also look into his rights as he feels hes getting nowhere hence im helping him out

[BankFodder]

Okay so why don't you answer the question that my site team colleague has put you above – and also why don't you blissed out a brief chronology of exactly what has happened here in bullet pointed fashion so that we got the story in one place, complete, accurate, easy to follow – you know what I mean because it seems to me that this thread has now been running for pretty well 14 days and nobody is really clear as to what is happening.

We give our time for free and it would be nice to have it taken seriously.

Thanks

[magoogy]

sorry i dont understand?? we are genuine - just as he works nights and hes getting nowhere with this case hes asked me to have a look at it........

 

what question are we not answering?? sorry if im confusing you - i should have explained earlier when i began using his account - its been him up to when ive commented today. sorry