Parcel delivered to wrong address

[rogueboy]

I'm looking for some advice (or at least someone to just say, yes - you're right/wrong).

 

I ordered some PC hardware just before Christmas (£150) through ebay, paying by paypal (using my Visa Delta Debit Card). The parcel was to be delivered by City-Link.

 

Delivery was attempted on the Monday, but I wasn't in. No card was left.

 

Delivery was re-attempted on Tursday, again I wasn't in. No card was left, but the hardware was left with a neighbour (according to the website).

 

After getting the neighbour's details from City-Link, I spoke to the neighbour (whom I had never met before) and he said he left the package outside my door a couple of minutes afterwards.

 

I was away for the week. Suffice to say, the parcel has gone missing (how/who at this stage would be speculation).

 

Am I right to think that the supplier (and his agent) have still not carried out their part of the contract in delivering the parcel to ME as promised. I gave no permission to deliver anywhere else, and there was at the very least an expectation that a signature would have to be received by ME (or at least someone in my household, I know RoyalMail's quote, is that they deliver to the house, not the individual)

 

If this is true, could I then have a claim against the supplier/paypal/debit card chargeback?

 

I'm not stupid to think that the neighbour isn't the plonker in all this for leaving the parcel by the door (I stress, I had never met this guy before today), but if my logic is correct the parcel company may have a claim against him (after the supplier claims against them....if it all works like that)

 

£150 is a lot of money to just throw away, so I'd appreciate if someone could give me some advice

 

Thanks in advance

[davethorp]

I'm not sure on the legalities, someone else will be along for that. However I had something similar happen a few years ago when I ordered a mobile phone off the internet. Was posted special delivery though I'm at work. Check the tracker and it says it was delivered.

 

Upon calling Royal Mail they say they left it with someone else in my block of flats. I go round to see them and you guessed it they left the package outside my door (more likely they took the phone to the nearest cash converters and bought themselves lots of drugs).

 

It took a month and a half however eventually I got a replacement from the retailer

[Bookworm]

Yes, you are correct. You haven't received the goods for which you have paid, therefore they haven't fulfilled their part of the contract. If they have an issue with the carrier, that's not your problem.

[systwo]

These situations are rarely straightforward.

 

I have a large amount of personal experience of this scenario being the part owner of an on-line business where we despatch hundreds of parcels every month.

 

In the case of City-Link (and this applies to a number of the other suppliers Business Post, Parcelforce, etc) it is standard practice for them to try to deliver to a neighbour whether requested to or not. The only time when this should not occur is when the customer specifically requests that the parcel is NOT left with a neighbour.

 

For that reason the supplier/courier has fulfilled the contract by obtaining a signature from the neighbour.

 

This may not feel like the right answer and I would suggest that your only further course of action would be to claim on your household insurance.

[poppynurse]

I disagree - the delivery firm chose to leave the parcel with someone else - you did not ask them to do this. I would say that the supplier is still liable to supply. It is for the supplier to chase up the delivery company, and for them in turn to chase the neighbour who they left it with.

[systwo]

I guess the answer to that one is to check with the T & C's on the suppliers website to determine whether they inform the buyer that this is the process.

 

That would not stop me from chasing the supplier and seeing what they are able to get from the courier.

[Bookworm]

It doesn't matter whether their T&Cs say anything of the kind. The contract is complete when purchaser has the goods, not before.

 

Sale of Goods Act 1979 as amended up to date to 1/10/2003

 

the goods remain at the seller’s risk until they are delivered to the consumer.

[systwo]

I think we need to very careful here not to take words out of context.

 

Your quote is missing some very important ones - "Unless otherwise agreed..."

 

The T & C's are very important. The risk passes to the consumer based upon the process agreed to complete delivery. For all distance selling situations there has to be some mechanism to affect delivery. It is accepted that if the consumer agrees to a method of delivery and this is effected then this completes the contract.

 

My suggestion was that if the seller provides you with T&C's that spell out delivery methods/processes that define how the contract will be completed, you then subsequently accept those, the contract is thereby completed.

 

Please be very careful not to use phrases from legislation out of context it is confusing and potentially unhelpful.

[Gogivit]

From a common sense point of view, if I had ordered something and never received it, quite simply I have not received it!

 

I say contact the company who you ordered from and request they send you the goods as ordered.

 

Out of curiosity, if I took in a parcel for a neighbour, I would hand the parcel over to the neighbour physically-not go and place it on their door step minutes later. Is your neighbour dumb, or is he the proud owner of new software?

[Bookworm]

I think we need to very careful here not to take words out of context.

 

Your quote is missing some very important ones - "Unless otherwise agreed..."

 

The T & C's are very important. The risk passes to the consumer based upon the process agreed to complete delivery. For all distance selling situations there has to be some mechanism to affect delivery. It is accepted that if the consumer agrees to a method of delivery and this is effected then this completes the contract.

 

My suggestion was that if the seller provides you with T&C's that spell out delivery methods/processes that define how the contract will be completed, you then subsequently accept those, the contract is thereby completed.

 

Please be very careful not to use phrases from legislation out of context it is confusing and potentially unhelpful.

T&Cs do not supersede the law. And I didn't quote out of context, I gave the link to the whole Act for a very good reason.

 

However, I'm not interested in peeing contests. OP must do what he thinks best and follow whoever's advice he chooses. ;-)

[hightail]

My suggestion was that if the seller provides you with T&C's that spell out delivery methods/processes that define how the contract will be completed, you then subsequently accept those, the contract is thereby completed.

 

This seems very complicated. Only the seller has any contract with the courier. The buyer has a contract with the seller to supply goods paid for to the address given. It makes no sense whatsoever that the seller/courier can decide to deliver to any address of their choice and deem the contract completed.

[barracad]

Only the seller has any contract with the courier. The buyer has a contract with the seller to supply goods paid for to the address given. It makes no sense whatsoever that the seller/courier can decide to deliver to any address of their choice and deem the contract completed.

 

Indeed. Bookworm is absolutely correct and I'm not sure why this is being over-complicated. It's quite simple really:

 

OP has paid £150 to a company for them to provide him with some PC hardware. Has he received what he paid for? No.

 

Company now need to either send it again and hope it arrives safely, or give him a refund. It really is that simple.

[raydetinu]

Its the sellers problem to replace goods that were not received; end of story!

[shywazz]

Just claim ur money back via paypal for non- recievement of goods, its up to the seller to claim for loss from the postal delivery company there used, or claim from the insurance there took out at time of sending... Either way, ask for replacments, failing such, place a claim for non received items. Trying to understand how you knew city link tryed to deliver when no card was left, how you know there had tryed, ? ive had no problems with city link and get alot of things delivered by them and cards have always been left if ive not been in.. my eye would be on the neighbour ?

[rogueboy]

Thanks for all the responses. The Sale of Goods act 1979 (as amended) was sort of what I could remember (credit bookworm) from my law modules.

 

I contacted the seller and told him everything I knew. He said that this had ocurred before and he had specifically told City-Link to leave it with the actual household or don't deliver (in general, not just for my parcel).

 

shywazz - I checked the paypal terms. My item was just below £150, and (legally or not) as I understand it paypal will accept, from the seller, proof of postage for items under this amount, but require proof of delivery (a signature) for amounts over this amount, as part of their 'seller protection' initiative.

 

I couldn't find anything on the sellers T&Cs re postage (I looked, but forgot to mention in my initial post). I reckon SOG still overrides this, but it would leave it open to debate, especially if you tick a box to agree that you have read and agree to them. It sounds as though, this point aside, I probably shouldn't lose out legally though

 

He has agreed to send me another which is the good news in all this...but he's out of stock

 

Next question - how long can I wait before make a chargeback through my card Only joking!

 

Thanks again for all your comments, I was worried I was going to lose out

[tob150]

These situations are rarely straightforward.

 

I have a large amount of personal experience of this scenario being the part owner of an on-line business where we despatch hundreds of parcels every month.

 

In the case of City-Link (and this applies to a number of the other suppliers Business Post, Parcelforce, etc) it is standard practice for them to try to deliver to a neighbour whether requested to or not. The only time when this should not occur is when the customer specifically requests that the parcel is NOT left with a neighbour.

 

For that reason the supplier/courier has fulfilled the contract by obtaining a signature from the neighbour.

 

This may not feel like the right answer and I would suggest that your only further course of action would be to claim on your household insurance.

 

 

 

 

as a postie for RM we only leave packets/parcles at other locations than the intended. IF it has been pre agreed, or IF the sender stipulates it can be left elswhere.

 

If you aint got your del as ordered the contract has not been fullfield as another poster states. If we all did this type of del what a lovely [problem] and way to make money for nothing.

 

I detest my ney bores and dred to think if a parcel was left with them without asking me first

 

BTW RM gets a bad name because of a minority. Most respect your goods and dont knick em and we actually deliver all of the competitors mail the final mile.

 

No assumption is made by a corect working postie. Surely this must apply to other couriers>? if Not, come back to RM You know it makes sense rodney!

[Krystyna]

Hello can anyone help me with a query that I have. I ordered an electrical item as a gift to be delivered to a friend directly to their address the company actually delivered it to me and not my friend who lives miles away they have told me to post it on this will cost me with insurance nigh on £90 I have already paid them to deliver it.Where do I stand regarding this. Any help would be appreciated. Thank you

 

Krystyna

[jimmyley]

Krystyna I think you might be better off by starting a new thread so that you can get more visibility and this old one doesn't get off track too.

Can you tell us which company you used so we can have an idea of what terms the company is bound on. At a first glance I think you should contact the company. How formal was your request to deliver to a different address?