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Delivery rights discussion
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# 1
Former MSE Rose
Old 03-10-2011, 4:20 PM
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Default Delivery rights discussion




Hi all, we've written a new Delivery Rights guide to help you get compensation for extra time off if you've lost out due to a delivery problems, and we'd love your feedback.

If you've tried the techniques mentioned in the guide, were you successful? Did you manage to get compensation, and if so, how much? Is there anything you'd add, or if you work for a delivery company, have you any insider tips?

Thanks
for your help!


MSE Rose


Last edited by Former MSE Rose; 10-11-2011 at 4:22 PM.
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# 2
wealdroam
Old 07-12-2011, 12:54 AM
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Hi, an excellent article, but can I just point out a small error?

It states...
Quote:
Buy online or use 'time is of the essence' trick

The easy way to ensure you can is always get a refund is to buy online. Most goods and services you buy online (or by mail order, or phone) are covered by Distance Selling Regulations. This gives you the right to return orders within seven working days and get a full refund, although you may need to pay return delivery costs.
The last sentence there should read...

"This gives you the right to cancel orders within seven working days and get a full refund, although you may need to pay return delivery costs."

A refund is not conditional on the goods being returned. In other words, you can take as long as you like to return the goods, but the retailer must refund your money as soon as possible and definitely within thirty days if you have cancelled in those seven working days.
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# 3
1ipstick
Old 07-12-2011, 3:43 AM
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Brilliant. I remember suggesting something like this when Martin was asking for quick, straightforward changes he could ask for. I order online all the time and generally have no problems, but a John Lewis delivery became a long and very unfunny saga with the customer service agent being rude. (They used Home Delivery Network - go figure).
Asking for a delivery to go to a neighbour doesn't always work - I did this by asking them to just ring the three other bells in my building as someone would be in. They agreed. Several failed attempts later I found out they hadn't done this at all because they're not allowed to try multiple bells. Ridiculous...!
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# 4
COSTLYPETROL
Old 07-12-2011, 8:12 AM
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Default Yodel dumping parcels

Has anyone experienced the fact Yodel (employed by Amazon) dump parcels instead of delivering them?

In our case our parcel was dumped by the roadside half a mile from our farm (we are remote!).

Amazon simply reply with a template apology email but no explanation.

Anyone know a contact at Amazon who is interested in what has occurred?
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# 5
Bean2Bed.com
Old 07-12-2011, 10:58 AM
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It is incredibly frustrating when you wait in for a parcel and it doesn't arrive, but how can Retailers cover consequential loss when no courier provides it?

A small business, and many large ones for that matter rely on a third party to manage their logistics, and if a delivery is late or doesn't arrive, there is nothing in the contract between the Retailer and the Courier to cover any losses as a result. If every customer was to make a claim for loss, the Retailers would keep losing out through no fault of their own.
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# 6
apuleius
Old 07-12-2011, 11:41 AM
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Default Stay away from Yodel

Excellent article Martin. I would add that following a number of horrendous delivery problems I will now not use any firm that uses YODEL (formerly HDNL/DHL). Similarly why John Lewis uses City Link another awful unreliable firm is beyond me: to date the only exemplary service that never fails is with online grocer Ocado.
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# 7
lindso82
Old 07-12-2011, 11:42 AM
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@COSTLYPETROL.. I have had the same problem with Yodel, and I am not remotely remote! I live in a city centre and was home, but they never rang. I'm only lucky that the concierge of my development is pretty switched on, and he saw my parcel outside the gates and brought it into his office, and put a card in my postbox to say it was there. It could easily have been stolen as it's quite a busy route past our apartment buildings. I got no joy whatsoever when I complained :-(

Main reason for my post, however, is to have a mini rant about Plusnet! Quite aside from their price hikes and rubbish customer service, I had a nightmare with installation. It took a great deal of messing around, making expensive calls to them on my mobile (since I obvs didn't have my landline yet!), and two missed visits, before they finally got someone round to plug my phone in (and it seems that's all they did, so quite what the "installation" fee was for is beyond me).
The part of this that really aggravated me, was that in their correspondance re: install dates, they threaten that if you aren't in and the appointment is missed, they will charge you a 40 missed visit penalty. Where is my 80 for the two visits that they didn't show up for when I had stayed home (ALL day) to wait for them?! The first one they said I hadn't answered. They never called; this is a small flat and I can guarantee there is no missing/ignoring the intercom bell when it goes off! The second time when I rang to see where they were, I got a vague and uninterested response that someone had mixed things up and I was booked in for a week later. I need the internet for work, and I'd already had two weeks of having to pay for mobile broadband while I waited for them. And yet another day off work? Not a happy bunny!

I wasn't sure if I could do anything about this, and if so, what? This article has given me a starting point to step it up (I had tried complaining by phone, but got fobbed off!), although it is a couple of months later now so I don't know if I will get any joy?
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# 8
DragonQ
Old 07-12-2011, 11:44 AM
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Default

I also had an undelivered parcel from Yodel nearly two weeks ago, with no explanation. The tracking website then said it had been signed for and delivered which was completely false! Had to take an extra day off to receive it in the end (and gambled that it would turn up - they never actually told me it would). I asked how to claim compensation was given an email address (customercare@vx.yodel.co.uk). However, I've not received even an acknowledgement of my complaint/claim in nearly two weeks.
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# 9
Inderveer
Old 07-12-2011, 12:05 PM
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Question Something to help stop waiting in all day...

Really great article and, as someone that works for a specialist carrier and a serious online shopper, there is nothing more frustrating then taking time off for someone else's present this time of year!

I'm very mobile, no two days are the same, but lucky enough to work for a company that delivers parcels for mobile workers. About a year and a half ago it launched a service called myByBox.com which means that I can pick up all of my parcels from my nearest electronic locker.

So I don't need to wait in, ByBox receive it and send it to my nearest locker (at Victoria Station) and I pick it up from there.

Not sure if this will help any of you, but they deliver everyday (including Christmas). There's also a free month on sign-up so you can try the service over Christmas without paying... fearful this sounds like a promo but we genuinely have looked into consumer delivery rights and have tried to come up with a good alternative. Hope it works for some of you!
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# 10
whitediabolo
Old 07-12-2011, 12:07 PM
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You are right Martin, the buck stops with the Seller.... BUT the article you should be writing is about Fighting the Courier Companies that damage items en route, leave them without a signature or the courier signs it himself, having illegal excess clauses when you try and claim for an item that has been lost or damaged... should I go on?

They are ALL as bad as each other, finding a good courier with reasonable charges is impossible. All it takes is one person who is hired by a courier company who kicks items around and isn't bothered whether a parcel is signed for or left on a doorstep. The courier companies aren't bothered and are slow to react as they know it's not worth it for Sellers to claim because of excess clauses on the insurance which are illegal.
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# 11
FranW1
Old 07-12-2011, 12:20 PM
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Default Amazon failed delivery

I never even received my delivery from Amazon even though I'm a Prime member and it was supposed to be next day delivery. When I tracked it it said out with courier (DPD) who you can't get hold of EVER so I contacted Amazon after a week. They looked into it and before I knew it the money for the item was refunded. Now this may sound ok however the item in question was no longer on special offer and was on their site listed at twice the price....so how come I couldn't get a replacement??? Apparently something to do with Amazon listing the item but not selling it themselves....twoddle I'll never buy from them again!!
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# 12
cherylelizabeth1
Old 07-12-2011, 1:02 PM
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Default

Seems a familer story... I had city link on saturday dump my marks and spencer parcel next to my door step (very busy main road) and put an unfilled card through my door not telling me anything! Of course no parcel when I returned home, but the worst thing is my parcel was a case of alochol! Of course m&s refunded it, as they were now out of stock, but im very annoyed as i had taken advantage of a very good offer and am now stuck looking for replacements!
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# 13
bod1467
Old 07-12-2011, 1:12 PM
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Default

Lots of 1-post newbies in this thread. I guess they have received an MSE email/newsletter about this article and felt suitably aggrieved to join/post.
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# 14
G6JPG
Old 07-12-2011, 1:28 PM
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Default "time is of the essence" on online orders?

Any suggestions of how to add this to online orders? Most of those are automatic, with no opportunity to include any such text (though I've just realised there's a "message to seller" option on ebay).
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# 15
The Grocer
Old 07-12-2011, 2:51 PM
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Default UPS get out clause......

I incurred months of dispute with UPS over a delivery from Microsoft.

In short UPS held a signature they stated was mine and produced POD. The signature was not mine and nor could it have been as I was actually away in Greece at the time. I checked with neighbours in case some had taken the parcel in.....negative.

I requested UPS challenge the delivery person and state where the parcel was delivered to. Nothing happened.

The end result UPS stated (and written in their terms & conditions) a signature was obtained and thats the end of their responsibility.

Microsoft declared it was not their issue as it was handed to the courier!

In the end as I paid through credit card I had my money returned via the card company.....

I never seen the goods !!!!

I warn anyone using UPS..........
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# 16
JohnDowell
Old 07-12-2011, 3:18 PM
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I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

Any suggestions?
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# 17
kimbokoo
Old 07-12-2011, 3:31 PM
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Default Yodel / HDNL

Hi
am after a bit of advice
Ordered a pair of shoes from office on 29/11/11
it was dispatched on 01/12/11
started tracking it online at HDNL and it was out for delivery on 3rd December early in the morning, and then was scanned back in the depot later that evenning (about 6pm).
Had to ring up and arrange redelivery for it for yesterday - my grandad waited in all day for it and it never turned up!
rang up today and they said they tried to deliver it at the address which is in Manchester at 20.58 no answer so they left a card, yet it was scanned back in the depot in warrington at 21.08 - there is no way on gods hold earth that you could make it form manchester to warrington in ten mins!
it has been scanned back into the depot twice today! I have been on the phone to them several times, twice being told they would send an email and try and get it on a delivery today and the last time i spoke to them they said it would not be ddelivered today so whoever told me that was wrong!
told them no one attempted to deliver or left a card and they said they will put in a complaint about the driver and get it out for tomorrow.

where do i stand with this??

and worse case, if its not delivered tomorrow i am going to have to take the day off on friday to try and pick it up from the depot.

am so frustrated and so blummin annoyed!!!!!
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# 18
bod1467
Old 07-12-2011, 3:33 PM
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Default

Quote:
Originally Posted by JohnDowell View Post
I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

Any suggestions?
Letter before action then small claims court?
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# 19
Optimist
Old 07-12-2011, 3:44 PM
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Quote:
Originally Posted by JohnDowell View Post
I ordered some leaflets from a company called SK Print. They weren't delivered to my customer so I contacted the printers, who contacted UPS. UPS told them they had delivered the leaflets, but the address they claimed to have delivered to does not exist and they had been signed for by someone who my customer has never heard of. As my contract was with the printer I tried to claim back the cost from them but they said that their terms say: "SK Print Design cannot be held responsible if the delivery is late due to a third party such as a courier or no one was available to sign for the order."

Any suggestions?

Looks like they are trying to exclude liability due to negligence which would be in breach of of the Unfair Contract Terms Act unless of course it was reasonable to do so.

I assume your customer isn't trying it on !

Unfortunately it is a business to business contract so you don't have anywhere near the protection a consumer does. However you can use the Small Claim Court. I presume your leaflets didn't come over the 5k limit.
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# 20
Inderveer
Old 07-12-2011, 4:25 PM
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Default

Quote:
Originally Posted by kimbokoo View Post
Hi
am after a bit of advice
Ordered a pair of shoes from office on 29/11/11
it was dispatched on 01/12/11
started tracking it online at HDNL and it was out for delivery on 3rd December early in the morning, and then was scanned back in the depot later that evenning (about 6pm).
Had to ring up and arrange redelivery for it for yesterday - my grandad waited in all day for it and it never turned up!
rang up today and they said they tried to deliver it at the address which is in Manchester at 20.58 no answer so they left a card, yet it was scanned back in the depot in warrington at 21.08 - there is no way on gods hold earth that you could make it form manchester to warrington in ten mins!
it has been scanned back into the depot twice today! I have been on the phone to them several times, twice being told they would send an email and try and get it on a delivery today and the last time i spoke to them they said it would not be ddelivered today so whoever told me that was wrong!
told them no one attempted to deliver or left a card and they said they will put in a complaint about the driver and get it out for tomorrow.

where do i stand with this??

and worse case, if its not delivered tomorrow i am going to have to take the day off on friday to try and pick it up from the depot.

am so frustrated and so blummin annoyed!!!!!
Have you tried contacting the retailer? They're normally the quickest way to a carrier's heart...
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