Is it fraud to sell something knowing that you have no intention of delivering the service? - HotUKDeals
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Is it fraud to sell something knowing that you have no intention of delivering the service?

Benjimoron Avatar
8y, 6m agoPosted 8 years, 6 months ago
Bought special delivery for an item the other day, paid for it to be delivered on Saturday. Doesn't get delivered until Monday as the company have an arragement with Royal Mail not to deliver on a Saturday.

So, is it fraud to sell me a guraneteed delivery for Saturday when the company already has something in place which means they know that they're not going to attempt to deliver the service when they sell me the service?
Benjimoron Avatar
8y, 6m agoPosted 8 years, 6 months ago
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#1
Dont think so.


But if they cant delivery or dont deliver on that day why say they will?
[mod]#2
Unless they pay extra for a Saturday delivery you never get recorded or special delivery on Saturday anyway. So in theory, no, it isnt fraud.
#3
magicjay1986
Unless they pay extra for a Saturday delivery you never get recorded or special delivery on Saturday anyway. So in theory, no, it isnt fraud.


"paid for it to be delivered on Saturday"
#4
Tell them you want the full delivery payment back.
[mod]#5
Benjimoron
"paid for it to be delivered on Saturday"


Did you pay extra as in more than you would pay for standard special delivery.
The seller may not have had the knowledge that RM dont deliver Saturdays.
#6
Benjimoron
"paid for it to be delivered on Saturday"


its not fraud by they have just broken thier contract between you and them as you paid extra for saturday delivery and you should complain.
#7
dontdothatagain
Dont think so.


But if they cant delivery or dont deliver on that day why say they will?


I guess that technically no one is in the wrong, I am just absolutely filled with anger that they can get away with selling people an over-priced service that they know is not going to be delivered as they don't deliver there on a Saturday.
#8
They probably have some T&C stating they cannot be held responsible for delivery times.
banned#9
Special Delivery

Key features



[LIST]
[*] Guaranteed delivery before 1.00pm
[*] Guaranteed Saturday Delivery for a small surcharge
[*] 99%* UK coverage
[*] Online tracking
[*] Electronic Proof of Delivery[/LIST]I wouldn't say it is fraud, but certainly a trading offence of some kind. I'd ask for a refund under SOGA as misrepresentation.

Who was the trader?
#10
magicjay1986
Did you pay extra as in more than you would pay for standard special delivery.
The seller may not have had the knowledge that RM dont deliver Saturdays.


I paid £2 extra on 2 items, so £4.

If the post office are going to sell a guarenteed service then they should know that there is no way that the service will be delivered. It's no excuse to say they didn't check. They have to look the address up on their system so why isn't there a little message next to it saying don't sell Saturday guarentee?
[mod]#11
Benjimoron
I paid £2 extra on 2 items, so £4.

If the post office are going to sell a guarenteed service then they should know that there is no way that the service will be delivered. It's no excuse to say they didn't check. They have to look the address up on their system so why isn't there a little message next to it saying don't sell Saturday guarentee?


Did you buy an item from a reputable company? If you want to PM me the website I dont mind trawling through their T&C's for you if you are unsure.
#12
csiman
Special Delivery

Key features



[LIST]
[*] Guaranteed delivery before 1.00pm
[*] Guaranteed Saturday Delivery for a small surcharge
[*] 99%* UK coverage
[*] Online tracking
[*] Electronic Proof of Delivery[/LIST]I wouldn't say it is fraud, but certainly a trading offence of some kind. I'd ask for a refund under SOGA as misrepresentation.

Who was the trader?


Haven't seen you in a while mate,

Post office, it's not the fault of the post office in question. More the fact that if there's a system in place that says they won't deliver on a saturday then there should be a system in place to say don't sell Saturday guarentee.
#13
t0mm
Tell them you want the full delivery payment back.


They said no. Even though they guarenteed Saturday and knew at the time of sale that it was never going to be done.

Phoned and complained, they hung up on me! That's why I'm angry!!
#14
magicjay1986
Did you buy an item from a reputable company? If you want to PM me the website I dont mind trawling through their T&C's for you if you are unsure.


Post office mate, I sent the items!!
#15
Slash
They probably have some T&C stating they cannot be held responsible for delivery times.


It says on their web-site that they pay back the delivery charge. They won't in this case as the company have an arrangement with them. I appreciate that, my point is that I shouldn't have been sold a guarentee as there was something in place at the time to ensure that the guarentee was never going to happen.

Point is, they shouldn't be able to sell a guarentee if there is absolutely 0% chance of it happening.
[mod]#16
Benjimoron
Post office mate, I sent the items!!


Ohh I see.
This isnt going to help right at this moment in time but you can go into the PO and collect a form from them (cant remember what its called) and fill it out if you are at a monetary loss or if you are dissatisfied.
Good luck with it!
ps...they DEFINITELY should have told you in the PO that this wont get delivered on Saturday if you specifically said to them it needs to (as you say you have).
#17
magicjay1986
Ohh I see.
This isnt going to help right at this moment in time but you can go into the PO and collect a form from them (cant remember what its called) and fill it out if you are at a monetary loss or if you are dissatisfied.
Good luck with it!
ps...they DEFINITELY should have told you in the PO that this wont get delivered on Saturday if you specifically said to them it needs to (as you say you have).


Sent the forms in and they said no. Phoned up to complain and they said no. I can understand why.

But my point is that there should be something in place to stop them selling it if there's a 0% chance of it happening.
[mod]#18
Benjimoron
Sent the forms in and they said no. Phoned up to complain and they said no. I can understand why.

But my point is that there should be something in place to stop them selling it if there's a 0% chance of it happening.


I am not favouring anyone and im just being impartial but there is obviously a breakdown of communication here or a misunderstanding. RM would NEVER be able to get away with telling people (and taking their money) for a Saturday service that they dont offer.
#19
I'm going to leave it there guys, I was angry as they hung up on me. The line didn't just get cut, I could tell she was going to hang up.

I've calmed down now, I got screwed for a few quid of postage, people in Zimbabwe get kidnapped and told that if they don't vote the right way they'll be killed. I should think myself lucky.
[mod]#20
Benjimoron
I'm going to leave it there guys, I was angry as they hung up on me. The line didn't just get cut, I could tell she was going to hang up.

I've calmed down now, I got screwed for a few quid of postage, people in Zimbabwe get kidnapped and told that if they don't vote the right way they'll be killed. I should think myself lucky.


You just wanted to get ever closer to your 5000!!
#21
magicjay1986
You just wanted to get ever closer to your 5000!!


My sights are higher than that, I have to beat csiman, he overtook me a month or two back.
[mod]#22
Benjimoron
My sights are higher than that, I have to beat csiman, he overtook me a month or two back.


Start a thread and we will just post between ourselves. I think we could top 10,000 per week...
#23
magicjay1986
Start a thread and we will just post between ourselves. I think we could top 10,000 per week...


Isn't this already a thread pretty much just between ourselves?

You'd better be a woman!!
[mod]#24
Benjimoron
Isn't this already a thread pretty much just between ourselves?

You'd better be a woman!!


Yeah I guess it is!
...sorry to dissapoint..
#25
Received a cheque for £20 from the post office today, they seem to be blaming it on the lady who served me at the post office. I've phoned them to say that imo she's done the best she can with the information given. Post office and Royal Mail confirmed that the information they have regarding Saturday deliveries not being available at certain addresses is not passed to the post offices in order for them to be able to sell me the correct postage.

I'm happy with my £20, I just hope they understand that my complaint is about the system not being in place so they don't sell me a Saturday guarentee when it's never going to happen. I've told them enough times so they should understand by now!

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