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

[BankFodder]

Please answer the question from my site team colleague above and also give us the summary I've asked.

 

[clemma]

I gave advice on the Facebook site explaining this was an issue with Game and their liability regarding the delivery. As it was neither placed in to their possession nor left in an agreed safe place, Game are liable. I advised they write or email game quoting the legislation (as already mentioned earlier in this thread). As far as I know, nothing came of it and Game are refusing to take any further action. 

 

As far as I can tell

 

- DPD were advised to leave the parcel at a neighbours house 4 doors down as the alternative safe place. 

- DPD did not do this and left the parcel on the doorstep. 

- Item was not there and has, by all appearances, been stolen. 

- Lots of phone calls with Game who refused to accept liability. 

- Advised to send them a letter/email outling their obligations under the Consumer Goods Act and highlighting how they had failed these obligations. 

- Demand a refund or replacement giving a reasonable time frame. 

- This was, by the response on Facebook, done. Game still refuse liability. 

 

Since then, all is quiet. 

 

If this were me I wouldn't be letting this lie. Court action seems like the next step but...they've disappeared. 

[Manxman in exile]

1 hour ago, clemma said:

...

 

As far as I can tell

 

- DPD were advised to leave the parcel at a neighbours house 4 doors down as the alternative safe place. 

- DPD did not do this and left the parcel on the doorstep. 

- Item was not there and has, by all appearances, been stolen. 

...

 

What is not clear to me (and apparently isn't clear to magoogy or their brother or sister either) is whose doorstep was the parcel left on.  Was it left on magoogy's doorstep or the neighbour's doorstep?

 

What concerns me - and magoogy did not make this clear in the OP - is that the instuction to leave with the neighbour appears to have been given directly to DPD, and not to Game when placing the order.  My concern is that by not giving that delivery instruction to Game, then if the parcel was left on the neighbour's doorstep, it becomes more arguable whether Game are liable - which normally they would be.  I fear magoogy might have muddied the waters by giving DPD different delivery instructions from those given to Game.

 

But we won't know until magoogy or their brother/sister comes back with answers...

 

1 hour ago, clemma said:

...

 

If this were me I wouldn't be letting this lie. Court action seems like the next step but...they've disappeared. 

 

Certainly I suggested claiming against Game in #7, but I'd be happier now if I understood better what happened.

[clemma]

I think, from their Facebook post, it was their doorstep. They don't specifically state that but do go on to say they have no fencing so everyone has a direct view of the door. 

[Manxman in exile]

I think you are probably right it was magoogy's doorstep, but it's posts like this:

 

On 14/02/2022 at 16:22, magoogy said:

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

 

that make me want to scream "Yes.  But whose doorstep?  His or the neighbour's???"