My BiL who is from Austria, made a purchase, and subsequently a return, to Tweeks (XT Brakes).

Courier delivered and has a signature (not a printed legible name though)

Tweeks are now saying they will not refund as they don’t think they received the package (it sounds like they have lost it / pulling a fast one).

Legal advice from Austria (the free kind) have said they will charge him 96 Euro’s to write them a letter (of course he can do this himself).

Thoughts and advice on next steps?

Thanks
Mark

Despite being in Austria, as “incident” happened here he can still issue Smalls Claims via a English court.

So if i was him, i would simply write to whoever is in charge of complaints, state that you have proof that package was signed for and give them 14 days to sort. Ask them to confirm their Head Office address and simply state that you will issue a Small Claim if not sorted after that time? Easy to do online.

Between courier and tweeks is it not?

Northwind – this is what I said. I was amazed that they did not insist on a printed name as well as the signature…..apparently this is not required by law though!

Courier are telling him they delivered and have proof (see above for the reasons printed name not requested)

Mark

It would be easier if it was between courier and Tweeks, but there’s no contract between them, only between Tweeks and buyer and between buyer and courier. I’d ask the courier for a written confirmation that they delivered the item, and then follow scud’s advice.

Greybeard – Member

It would be easier if it was between courier and Tweeks, but there’s no contract between them,

That’s not really the issue though. There’s a contract between the buyer and the courier to deliver the item. Claim is against courier for nondelivery, up to courier to raise that with tweeks.

I had a warranty return lost by the courier- much easier than doing the actual warranty return, got the full cash value back. Win!

I agree with what you have said…….and the couriers are saying they HAVE delivered and HAVE done what they are legally obliged to do and secured a signature…..so they are suggesting their work is done 🙂

Of course they’re saying that, but if there’s a dispute about delivery that’s still their problem. It’s an annoying situation to be caught in though.

Certainly is……..and i do agree with you. It is just hard to work out what the next tangible steps are!

and the couriers are saying they HAVE delivered and HAVE done what they are legally obliged to do and secured a signature…..so they are suggesting their work is done

Tell them you believe them, but ask them for proof of the delivery, in writing. So you can make a claim against Tweeks

If they don’t offer up any proof, then they don’t have any. Then you can claim against them (knowing you will win)

Yeah – I think they have supplied the POD – but will check……

Just because they have a signature doesn’t mean they delivered it. I found an empty packet in my porch and when querying it with the shop was shown a copy of my signature forged by the delivery driver.

Assuming the courier was arranged by BiL not Tweeks, it’s between him and the courier.

Tell the courier that the delivery is being disputed, and you need the name of the person that signed for it. If they can’t provide it, tell them you want to claim the value of the item from them, as they’ve clearly not collected adequate proof of delivery (which i assume was part of the service you paid for). An illegible squiggle could just have easily have been provided at the wrong address, or by a lazy driver not delivering it at all. If they won’t play ball, small claims them.

Failing all of the good advice above, take the matter to Twitter and tweet away. Nobody likes bad press, especially a courier company so close to Christmas.

This is reassuring…just about to post something back to them!

I don’t reckon tweeks would pull a fast one over a set of brakes
If they say they haven’t had them I would imagine they haven’t

Update……the threat of legal action spurred them into a refund…….so it appears they were possibly trying to pull a fast one……

🙂

Or it’s just easier to write off 150 quid than go through the courts to prove courier companies are largely useless and get loads of bad press.

Doubt it…..but we will never know!