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Responsibility dispute for lost valuable delivery

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ohdeanna View Drop Down
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  Quote ohdeanna Quote  Post ReplyReply Direct Link To This Post Topic: Responsibility dispute for lost valuable delivery
    Posted: 19/October/2017 at 15:44
Hello,

I'm making some initial enquiries into where I might stand legally on an expensive item that was sent to me and recorded as delivered but never received.

In brief, a company lent me a piece of expensive equipment for a work trip. The courier company failed to deliver it before the date I left. This was after some obfuscation and delaying tactics and no explanation why.

My wife signed for a delivery from the same courier company on the day they claim it was delivered but it was not for the equipment in question but items bought online.

Now the company says I am responsible for it despite not being in the country at the time and it never being delivered. They are claiming the signature from my wife is proof enough.

This bothers me greatly.

1/ It was addressed to me and being valuable should not have been left in the hands of someone else, relative or not

2/ It was never handed to me or my wife

3/ The agreement I signed said I was responsible once received and I wasn't in the country.

4/ the delivery company had displayed negligence and shady tactics on delivery up to the supposed 'delivery' which in my mind implicates them in it going missing

Any advice, general of course, on this kind of delivery dispute?

At the moment we are exchanging pointless emails but if it escalates I'd like to make sense in my responses.

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 19/October/2017 at 18:08
Some very general points, first unless the delivery instructions said that the item was only to be delivered to or left with the addressee, presumably you, then anyone can accept delivery.

They have a delivery note, signed by your wife, I presume the delivery note has a description if the goods being delivered or at least a consignment note that can be traced back to a specific item, and a specific sender, you should also have a copy of this document, this could be the address label for the package.

In addition there must be a delivery, or in this case, a non delivery record for the item you ordered online, if your wife took delivery of this item then they would have a record.

Drawing this together, you should have the item ordered online and signed for by your wife and the company supplying this item should also have a record of delivery acknowledgement.

Absent this then trying to prove what is essentially a negative becomes more complicated. In any event you should maintain any evidence you have of delivery of whatever was delivered.

Going further will require some forensic examination of the tracking data for the missing item. If as you say it was valuable then it should have been tracked at every stage of its journey.

I regularly get items from overseas of middling value and I can see online where the article is at every stage of its trip this is vital for settling disputes of this type.

ohdeanna View Drop Down
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  Quote ohdeanna Quote  Post ReplyReply Direct Link To This Post Posted: 19/October/2017 at 19:47
Thanks for the reply.

I have to find out from the Company what the explicit delivery instructions were.

Personally I can't image that an item worth over 5 grand could be signed for my any old person.

I only have a shipped notification on the item we actually did received. I have requested greater details. And my suspicion is that two items we supposed to be handed over but only one was and the signature reflects that.

My issue is can the hold me or my wife liable with just a poor electronic signature that was for receiving a different item. Pretty hard to prove otherwise.

I feel at a great disadvantage because the Company managed the whole thing. So essentially its the Courier's word versus ours.

ohdeanna View Drop Down
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  Quote ohdeanna Quote  Post ReplyReply Direct Link To This Post Posted: 19/October/2017 at 20:12
I've just noticed on the 'Proof of Delivery' docket it says

"Nature of Authority: Addressee"

Does this mean only I - as the addressee - had the authority to sign for it?

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 20/October/2017 at 10:58
In simple terms, yes, and likely that proof of such should have been requested.

aemmawilson85 View Drop Down
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  Quote aemmawilson85 Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2017 at 00:57
Whatever action has to taken it's might be ok,
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Regards
Estate Planning Attorney California
     

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