XDP sign before delivery

[The GodMother]

Cant say l have heard of this. 

Neighbour is expecting a delivery from a ebay online retailer of some wardrobes. The company has used XPD. Never heard of them so checked them out to mixed reviews and some seem fake but hard to tell. 

This morning the company has messaged saying they are delivering the wardrobes 2 days before the agreed delivery date, Thursday. No way of contacting them other than a contact us form with 72 hour response. As result hospital appointments cancelled and Son has had to take unpaid time off work to help. Buying company has said they only have email as contact as well so not much use really. 

Neighbour has since received a text, a hour before the start of 2 hour window, with a link in it to say its a contactless signature but the link also says she has to sign for the delivery BEFORE its delivered or it cant be delivered. I have told her not to sign it as anything could go wrong in the mean time or they could have damaged its and claim it your fault. 

While she was with me XPD has called from a non recognised number saying if she dont sign she cant have the delivery. She has argued that she does not sign to say anything has been delivered safely until the item is at her house and can be inspected. XPD has argued this is there policy and that she agreed to this when she organised the delivery and as result she will be in breech of contract. Neighbour has gone back with l did not organise delivery the seller did and as result she has no contract with them she has not seen or agreed any terms and conditions regarding the delivery and the Seller does not have them on the ebay listing, l have checked they dont, Also said that as the parcels are being delivered before the agreed date they are in breech of contract. Lady did not know what to say mumbled some words out then hung up. The number is not recognised as we tried to google it and call it back. We got a number not recognised message when called and google came up blank. 

I cant find anywhere that states XPD has broken the law if they refuse to deliver due to no signature but then l cant imagine the seller or ebay would be happy about this. I have told her she done the right thing in refusing and asserting her rights with not signing then telling them she did not organise the delivery. further to this l have told her to wait until this evening to speak to ebay as they may deliver the parcels in the original slot or later today. 

Can anyone advise what law, if any, the company will have broken if they refuse to deliver due to no signature before delivery. Also where she stands with this over all. 

 

[BankFodder]

I don't fully understand what you're saying. It's a bit garbled but I certainly cannot bring myself to believe that she should be required to give a signature before delivery.

Even if that is one of their terms and conditions I would say it would be an unfair term.

I would suggest that she goes to eBay and cancels the order. Had she paid? Presumably my debit card or credit card – I would ask for a chargeback

 

And by the way, your friends contract is with the seller – not with XPD. It is not for XPD to decide whether or not she has breached the contract with them.

All of this confirms my view that she should simply cancel the contract with the seller.

If this is an eBay seller then they will probably have their contact details including the telephone number on the eBay auction somewhere at the bottom. I would phone them immediately

[The GodMother]

I cant provide the details more as the link now does not work as its past the delivery time. But the link clearly said as its a contact free delivery and they need a signature before the delivery and the receiver must not be within 2 meters of the delivery driver when they come. 

She does not have the space  to be outside of the 2 meters. 

Also l have checked the listing and no phone number for the seller tho ebay does not require it as they prefer all communication done via them. The seller has not responded to last contact tho it took 4 hours for this mornings contact to be responded to. Ebay cant do anything as the item has not missed delivery day as that is Thursday. 

[BankFodder]

Contact free is not the same as sign in advance.

 

[The GodMother]

The link had a signature box for her to draw here signature will see what l can get pics wise.

It turns out only half the delivery turned up he refused to find out where the rest is as the tracking says it was loaded onto the van this morning. He cant/refused to provide any contact details for the company. He has a managers mobile number but that is it. She asked him to call the manager which he refused. He said the tracking is wrong as he has no other that sized parcels that what parts are missing we dont know.  As soon as Son started to take pics the bloke ran to his van and drove off. 

 

 

Edited August 8, 2023 by The GodMother

[Manxman in exile]

Is the seller a business or a private individual?

[The GodMother]

Business. 

[The GodMother]

@BankFodder  look up xdp express on twitter. Lots of complaimts including having to sign for delivery BEFORE receiving it. 

 

[BankFodder]

Just because lots of people have to do it doesn't mean that it is an obligation.

Signing for something before you receive it effectively means that you have received it and my even be interpreted to mean that it was received in good condition

[BankFodder]

Anyway, all of this discussion is completely academic. The real question is whether your neighbour is prepared to bring an action in their own name.

If not. If they are too elderly for instance, then is there probably isn't much of  a point in continuing to talk about it

[The GodMother]

They have asked me to speak to you all on there behalf but are speaking to ebay themself. They found it confusing when trying to navigate this forum. 

Ebay have asked how 3 boxes can vanish. 

[Nicky Boy]

On 08/08/2023 at 18:52, The GodMother said:

Ebay have asked how 3 boxes can vanish. 

Facetious question!

Facetious answer: send them with xdp express!

[The GodMother]

Over 2 days the neighbour has spoken to 9 ebay members of staff. After number 8 l stupidly tell her to say well they had someone in the back of van who was throwing parcels out while moving along the highway. 

She told ebay employee number 9 and they have advised her to call the police and report dangers in the road. 

A single box turned up yesterday. Waiting to see if something turns up today.