Help! Tobydeals Claim $900 Samsung S20+ Delivered but I Haven't Received It

Ldidactw on 30/10/2020 - 01:59
Last edited 30/10/2020 - 10:33 by 1 other user

I bought a S20+ from Tobydeal AU. They sent it by Dpex, a Toll subsidiary. Because of Covid, the driver apparently didn't need to take a signature when he usually should have. The phone never arrived. Dpex states that it was delivered, so no card was left. When questioned who it was handed to, the driver "can't remember". I seriously think the driver just stole it since he knew he could get away with it. Even the signature provided isn't an image but just text, spelling my name wrongly. I even pointed out to Dpex that I wouldn't spell my own name wrongly.

Tobydeals asked me for a signed statement and drivers licence, which I provided. They then sent me the same Dpex response as I got directly from Dpex. They said that since it's clear that its delivered, this case is closed. They actually said "good luck and sorry for the inconvenience". Try again next time with another $900. I wrote back multiple times and they didn't reply. When reported to Toll, they said only a sender can initiate a claim.

What should I do now? It's been 3 months. Will filing a police report or ACCC help?

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Comments

  • shadowarrior on 30/10/2020 - 02:22
    +3

    Email Tobydeal AU one last time to rectify this and mention that if you do not get a favorable reply to resolve this within 48 hrs starting now, you will be filing a report with the police, ACCC and a civil dispute with the tribunal. Then actually report to police and ACCC with all documents you have and depending on which state you are in, lodge a tribunal claim against the seller. Make sure you have document of all conversations/interactions on a timeline, you will need this for your case.

    • dust on 30/10/2020 - 08:33
      +1

      Will the police really do something about this? There's no proof that the driver stole it?

    • Cheeper on 30/10/2020 - 12:07

      Nothing to do with TD. They have proof that they sent the item with a recognised courier service.
      The ACCC only acts on cases involving Australian businesses, not one in China.

      • Iluvfreebies on 30/10/2020 - 12:19

        So with whom can we report an overseas seller?

        • Cheeper on 30/10/2020 - 12:26
          +1

          You can't.
          In this case the seller is in the clear. They have proof they lodged the item with a courier and tracking.
          The courier has admitted they had the parcel but after that who knows what happened?
          The item required a signature for delivery and DPEX did not obtain that so I would be taking action against them.

          There are many incidents where some sellers have provided fake shipment details and tracking, that does happen. It is not so in this case I believe.

  • brokenglish on 30/10/2020 - 02:53
    +4

    Good lesson to always buy high value item in person whenever possible, otherwise make sure it's delivered to a parcel locker, po box, or workplace (where someone will definitely receive), or you have CCTV camera pointing outside that can prove the delivery driver was there/not there.
    Should've done something drastic within the first month. 3 months is too long. My advice for buyer is to do a chargeback: you paid for an item that you never receive.

    • didactw on 30/10/2020 - 18:23

      Its been three months because I have been waiting for Toll (cos Dpex doesn't reply or even have an Australian office, just redirects to Toll) and TD to reply.

  • brendanm on 30/10/2020 - 07:03

    Pay by credit card?

  • bloom on 30/10/2020 - 07:13
    +2

    Dropping $900 on Tobys… you got balls

    • Cheeper on 30/10/2020 - 12:14

      Daring with any overseas supplier! Also a $900 item with no "real" warranty is another gamble.

  • Quantumcat on 30/10/2020 - 07:16

    Can you get a credit card chargeback?

  • DashCam AKA Rolts on 30/10/2020 - 10:54
    +3
    1. Police report.
    2. Notify bank of non-delivery, possible theft of item by delivery driver, give police report number.
    3. Notify Dpex of police report.
    4. Notify Tobydeals of police report and of bank notification for initiating charge back for non arrival of item.
  • Cheeper on 30/10/2020 - 12:22

    There is a spate of this sort of thing lately. We even had one parcel recently delivered in the right suburb (a +) right house number (a +) the street name began with the right letter (a +) but the street was about a kilometer away !! (with Couriers Please).
    The courier had uploaded a pic of the parcel as delivered and from that we were able to track down where it was dumped.
    Even friends in other suburbs are having the same problem with couriers just dumping parcels at random addresses!! Why???

    DPEX sound like the worst of the worst. Some feedback here, one other on product review and some unhappy customers on FB wondering where their items are. There would be more around.
    https://www.trackingmore.com/review-dpex.html

    From what you say it sounds likely that it was not delivered with there being no "signature" for delivery as it was a required service.
    That would make for a good cause to take action against DPEX. Talk to your local magistrate and see what they have to say. For a $900 item it would be worth pursuing.

    As already mentioned, because of the value of the item lodge a police report. This is necessary as if there is repeated offences of suspected theft by one operator the cops will have something to act on.

    There is no point in pressuring Toby Deals as they lodged the item with a courier for delivery and there is proof of that. I would inform them that there has been a problem with that courier and to not use them in the future. They do want the customers to get their goods!

    Try for a reverse charge on your CC if not already tried.

  • Cheeper on 30/10/2020 - 12:48

    From DPEX site..
    "8. The Carrier is only liable for:

    damage sustained in the event of the destruction or loss of, or of damage to, the goods, if the occurrence which caused the destruction, loss or damage so sustained takes place during carriage by air and; damage occasioned by delay in the carriage by air of the goods. The Carrier is not liable if it and its servants and agents have taken all reasonable measures to avoid the damage or if it was impossible or contrary to industry practice for it or them to take such measures PROVIDED ALWAYS THAT the liability of the Carrier in any case shall be limited to the payment by the Carrier by way of damages of a sum not exceeding USS 100.00 or its equivalent per consignment or in the case where transit insurance is effected the amount payable thereunder in the event of loss or damage to the goods.

    1. Any claim brought against the Carrier hereunder in respect of loss of, damage to, or delay in the carriage by air of the goods must be notified in writing to an office of the Carrier, in the case of damage within 7 days from the date of delivery of the goods, and in the case of loss or delay within 14 days from the date on which the goods should have been delivered, otherwise no action shall lie against the Carrier and the rights of the Sender/Receiver to any claim against the Carrier are extinguished. The Sender/Receiver must comply with all applicable procedures of the Carrier in making a claim, otherwise the Carrier reserves the right to reject the claim."
  • didactw on 30/10/2020 - 18:26

    Thanks everyone for the comments. I'll see what I can do and if parties will help (police, law)

  • [Deactivated] on 10/11/2020 - 04:31
    +1

    I have bought Godox photography equipment worth 1500 plus from tobydeals all arrived on time with dpex. expecting another 309 dollors worth of items in a week or two. I can vouch for these guys and its clearly Mr. International Student delivery maggot stole or delivered your package to a wrong location but most likely stole it himself. Every single info of any loophole in the system gets around super quick in this industry.

    • Blake Reaper on 01/12/2020 - 14:51

      Did you get charged GST or had to pay at the border since your photography equipment is over $1000?

    • Blake Reaper on 01/12/2020 - 14:52

      I ordered a phone 4 days ago and still don't know this info. And have not received any tracking number. I emailed them about the GST question this morning, still waiting for a response.

  • noddyc43 on 09/12/2020 - 00:37

    Bought a game controller Razer raiju from them Less than a month after it arrive it was faulty. I put in a warranty claim to have it repaired and they said it only has a one month warranty which starts when the order was placed. It took two weeks for the controller to arrive so one month warranty on a product including shipping time from Hong Kong is crazy. Anyway I contacted Razer directly and they report that I have a 1 year warranty as per their website. Despite this tobydeals will not honor the warranty. I am in the middle of a PayPal claim and complaint against them via the ACCC in Australia. ****Don't buy from this business****. You are playing Russian roulette of your item is faulty.

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