Not upheld: Goods and services under S75 complaint against Sky UK Limited

Decision detail

Summary

Mrs B complained that Sky was unfairly holding her liable for a credit agreement for a device that she claimed was missing from the delivered package. She alleged the packaging had been opened and glued back together, suggesting theft during delivery. Sky investigated and concluded there was insufficient evidence to support Mrs B's claim, relying on delivery photographs showing an intact security seal, the delivery company's confirmation of no tampering or damage, and the absence of other disputed deliveries in the area. The ombudsman upheld Sky's position, finding that Mrs B's own photographs contradicted her allegation of gluing, and that Sky had made appropriate enquiries before reaching its decision. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman applied the balance of probabilities standard given incomplete and contradictory evidence. The key finding was that delivery photographs showed the security seal intact and undamaged, and Mrs B's own photographs taken after opening showed the seal still intact, suggesting she accessed contents via a different opening. The ombudsman found Sky's enquiries with the delivery company were thorough and appropriate, and that Sky acted fairly in requiring more certain evidence that goods were not delivered before waiving the debt. The ombudsman acknowledged the practical limitations of investigating such complaints and that it is impossible to know with certainty what was inside the box.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website