charges for undelivered item

[ka53y]

Hi everyone,

My first time posting here so please accept my apologies if i commit an error....

Basically, my daughter in law ordered a couple of items from a catalogue, she has a credit account, one of the parcels was delivered to a neighbour as she was at work when the parcel arrived, although there was no permission from her to deliver to that neighbour.

the neighbour says they didnt get it, the tracker says it was delivered but not signed for, and the catalogue company have added the charges to her account and are refusing to remove them as they say they are investigating the matter and cant remove the charges until it is complete. now surely that should be they cant add the charges before the investigation is complete?

i have quoted several distance seller acts to show that they are acting illegally, including breach of contract as the goods werent received, but they are refusing to remove the charges. im not sure how else to help her as despite constant emails and a high phone bill they still refuse to address the matter.

can anyone advise on how to go forward with this?

thanks

[labman]

Re: charges for undelivered item

What is in the T&C's of the contract? That will dictate what they can and can't do. However, you should not pay one penny towards this IMO. Let them take you to court and the onus is on them to prove you did. How will they do that? They can't!

[ka53y]

Re: charges for undelivered item

What is in the T&C's of the contract? That will dictate what they can and can't do. However, you should not pay one penny towards this IMO. Let them take you to court and the onus is on them to prove you did. How will they do that? They can't!

yeah thats what i said - plus im under the impression that if you pay anything its deemed as 'accepting the contract' - i will have to research their t's & c's a bit more.

thanks for the reply!