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  • FIRST POST
    • sportmonday
    • By sportmonday 16th Jun 17, 7:35 AM
    • 18Posts
    • 7Thanks
    sportmonday
    Item Delivered to wrong address....
    • #1
    • 16th Jun 17, 7:35 AM
    Item Delivered to wrong address.... 16th Jun 17 at 7:35 AM
    Hi
    I ordered an expensive car part from an online retailer but unfortunately they delivered to my billing address in Manchester and not the shipping address in Newcastle Upon Tyne. I was desperate for the part so had to get a family member to courier it up to me, which I obviously paid for.
    I have been in touch with the retailer and explained how their error resulted in me having to pay for re-delivery to the correct address. They have refused to reimburse me. I was wondering if anyone could confirm if they are in breach of contract? I specified an address and they failed to deliver the item there.
    It's their attitude that's really annoyed me!

    I should also add that they have admitted the error was due to a new employee working in their sales and despatch department!

    Thanks in advance.
    Last edited by sportmonday; 16-06-2017 at 7:47 AM.
Page 1
    • agrinnall
    • By agrinnall 16th Jun 17, 9:03 AM
    • 18,426 Posts
    • 14,141 Thanks
    agrinnall
    • #2
    • 16th Jun 17, 9:03 AM
    • #2
    • 16th Jun 17, 9:03 AM
    If they continue to refuse to pay I'm not sure that there's much you can do about it, the decision to use a courier was taken by you without consulting the retailer (I presume). A better option might have been to contact them and ask them to send a replacement part urgently to the correct address, and the original part would be returned.
    • angryparcel
    • By angryparcel 16th Jun 17, 10:42 AM
    • 910 Posts
    • 518 Thanks
    angryparcel
    • #3
    • 16th Jun 17, 10:42 AM
    • #3
    • 16th Jun 17, 10:42 AM
    I would have informed the retailer as they have the contract with the courier to

    1) go and collect the parcel and then deliver to the correct address
    2) ask them to send you the part to the correct address and then have the courier collect the mis delivered parcel to return to them

    I would not have arrange anyone to bring the parcel to me at my expense unless i had it in writing from the retailer they would cover these costs
    • wealdroam
    • By wealdroam 16th Jun 17, 12:43 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    • #4
    • 16th Jun 17, 12:43 PM
    • #4
    • 16th Jun 17, 12:43 PM
    Hi
    I ordered an expensive car part from an online retailer but unfortunately they delivered to my billing address in Manchester and not the shipping address in Newcastle Upon Tyne. I was desperate for the part so had to get a family member to courier it up to me, which I obviously paid for.
    I have been in touch with the retailer and explained how their error resulted in me having to pay for re-delivery to the correct address. They have refused to reimburse me. I was wondering if anyone could confirm if they are in breach of contract? I specified an address and they failed to deliver the item there.
    It's their attitude that's really annoyed me!

    I should also add that they have admitted the error was due to a new employee working in their sales and despatch department!

    Thanks in advance.
    Originally posted by sportmonday
    How did you pay for this purchase?
    Was it an ebay seller?
    • sportmonday
    • By sportmonday 16th Jun 17, 1:09 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    • #5
    • 16th Jun 17, 1:09 PM
    • #5
    • 16th Jun 17, 1:09 PM
    How did you pay for this purchase?
    Was it an ebay seller?
    Originally posted by wealdroam
    Paid via a debit card.
    No it was a private online retailer.
    • sportmonday
    • By sportmonday 16th Jun 17, 1:14 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    • #6
    • 16th Jun 17, 1:14 PM
    • #6
    • 16th Jun 17, 1:14 PM
    I would have informed the retailer as they have the contract with the courier to

    1) go and collect the parcel and then deliver to the correct address
    2) ask them to send you the part to the correct address and then have the courier collect the mis delivered parcel to return to them

    I would not have arrange anyone to bring the parcel to me at my expense unless i had it in writing from the retailer they would cover these costs
    Originally posted by angryparcel
    Yes, I understand what you are saying. I thought I might be exposing myself by arranging for my own delivery but I needed it ASAP. The money isn't a factor at all but it's just their indifferent attitude to a problem they caused!
    Looks like I'll just have to send them a snotty letter and share my unsavoury experience with others on the car forums I frequent.
    Thanks
    • sportmonday
    • By sportmonday 16th Jun 17, 1:17 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    • #7
    • 16th Jun 17, 1:17 PM
    • #7
    • 16th Jun 17, 1:17 PM
    If they continue to refuse to pay I'm not sure that there's much you can do about it, the decision to use a courier was taken by you without consulting the retailer (I presume). A better option might have been to contact them and ask them to send a replacement part urgently to the correct address, and the original part would be returned.
    Originally posted by agrinnall
    Totally agree. I was just putting faith in them admitting their mistake and reimbursing me. Obviously not!
    • Fosterdog
    • By Fosterdog 16th Jun 17, 2:02 PM
    • 3,159 Posts
    • 5,451 Thanks
    Fosterdog
    • #8
    • 16th Jun 17, 2:02 PM
    • #8
    • 16th Jun 17, 2:02 PM
    Although they should have been given the chance to rectify the issue at a minimum I would expect them to refund the original delivery charge, it may not cover all of your costs but would at least be something.
    • sportmonday
    • By sportmonday 16th Jun 17, 2:10 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    • #9
    • 16th Jun 17, 2:10 PM
    • #9
    • 16th Jun 17, 2:10 PM
    Although they should have been given the chance to rectify the issue at a minimum I would expect them to refund the original delivery charge, it may not cover all of your costs but would at least be something.
    Originally posted by Fosterdog
    Yes it would more or less cover it. Was just hoping for a bit of goodwill considering the value of the product I bought. My next purchase will not be coming from them.
    • Moneyineptitude
    • By Moneyineptitude 16th Jun 17, 2:19 PM
    • 19,285 Posts
    • 9,392 Thanks
    Moneyineptitude
    Yes it would more or less cover it. Was just hoping for a bit of goodwill considering the value of the product I bought.
    Originally posted by sportmonday
    Perhaps you should have simply requested a refund of the delivery cost in the first place?

    Going in all guns blazing telling them they were in "breach of contract" is never likely to foster "goodwill" and demanding they pay for your courier which you engaged yourself without consulting them is additionally vexatious.
    • sportmonday
    • By sportmonday 16th Jun 17, 2:43 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    Perhaps you should have simply requested a refund of the delivery cost in the first place?

    Going in all guns blazing telling them they were in "breach of contract" is never likely to foster "goodwill" and demanding they pay for your courier which you engaged yourself without consulting them is additionally vexatious.
    Originally posted by Moneyineptitude
    Re-read my original post. I haven't said anything to them about being in breach of contract. I've emailed them once, explaining the situation and requesting some sort of assistance.
    • Moneyineptitude
    • By Moneyineptitude 16th Jun 17, 3:01 PM
    • 19,285 Posts
    • 9,392 Thanks
    Moneyineptitude
    I haven't said anything to them about being in breach of contract. I've emailed them once, explaining the situation and requesting some sort of assistance.
    Originally posted by sportmonday
    What sort of "assistance" did you request? You'd already engaged a courier without consulting them.
    This is what you actually said in your opening post;
    I have been in touch with the retailer and explained how their error resulted in me having to pay for re-delivery to the correct address. They have refused to reimburse me. I was wondering if anyone could confirm if they are in breach of contract?
    Originally posted by sportmonday
    As I said, what you might have have had more success with was simply to request a refund of the delivery charge rather than demanding they pay for a courier which they never authorised or agreed for you to use.

    You basically didn't even give them a chance to rectify their error and now you are sending them a "snotty" letter threatening them with poor reviews on a car forum?
    To repeat, these are not the actions likely to foster "goodwill".
    • unholyangel
    • By unholyangel 16th Jun 17, 6:03 PM
    • 11,279 Posts
    • 8,495 Thanks
    unholyangel
    OP did you pay for expedited/enhanced delivery or was it just standard delivery?

    If you paid for next day/some sort of priority shipping then you're on a more solid footing imo.
    Money doesn't solve poverty.....it creates it.
    • angryparcel
    • By angryparcel 16th Jun 17, 6:55 PM
    • 910 Posts
    • 518 Thanks
    angryparcel
    OP did you pay for expedited/enhanced delivery or was it just standard delivery?

    If you paid for next day/some sort of priority shipping then you're on a more solid footing imo.
    Originally posted by unholyangel
    also depends if the retailer used Parcel2go as under their

    Next Day Delivery which you would expect to be Next Day Delivery, but what they say is

    'Sending next-day with [courier name] is an ideal solution for those more urgent parcels. Parcel delivery within 1 working day throughout most of UK's mainland. Collection and Delivery are not guaranteed '
    when a parcel i sent this method failed next day they told me it can take 1-3 days as it is not a guaranteed service
    • Fosterdog
    • By Fosterdog 16th Jun 17, 7:13 PM
    • 3,159 Posts
    • 5,451 Thanks
    Fosterdog
    also depends if the retailer used Parcel2go as under their

    Next Day Delivery which you would expect to be Next Day Delivery, but what they say is

    'Sending next-day with [courier name] is an ideal solution for those more urgent parcels. Parcel delivery within 1 working day throughout most of UK's mainland. Collection and Delivery are not guaranteed '
    when a parcel i sent this method failed next day they told me it can take 1-3 days as it is not a guaranteed service
    Originally posted by angryparcel
    If the retailer offers next day delivery but then chooses to use a non guaranteed service that is their problem not the customers. The customer has chosen and paid for next day and that's what they should get, and failure would result in the retailer failing to meet their own terms.
    • sportmonday
    • By sportmonday 16th Jun 17, 7:14 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    What sort of "assistance" did you request? You'd already engaged a courier without consulting them.
    This is what you actually said in your opening post;

    As I said, what you might have have had more success with was simply to request a refund of the delivery charge rather than demanding they pay for a courier which they never authorised or agreed for you to use.

    You basically didn't even give them a chance to rectify their error and now you are sending them a "snotty" letter threatening them with poor reviews on a car forum?
    To repeat, these are not the actions likely to foster "goodwill".
    Originally posted by Moneyineptitude
    I'll try again....
    I have contacted them once and once only. I explained the situation to them, advised that I had already paid for my own courier and politely asked them if they were willing to help with the extra charges I incurred. This is when they refused to help out but did admit that they were at fault. That's as far as it's gone. I haven't written any letters (yet) or given them a poor review on any forum, but I sure as hell will if they wash their hands of the situation. It just boils down to poor customer service.

    I'm not sure why you're assuming I went in with guns blazing and making all sorts of demand?! I know that approach gets you nowhere.
    I hope I've cleared that up for you now.
    • sportmonday
    • By sportmonday 16th Jun 17, 7:15 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    OP did you pay for expedited/enhanced delivery or was it just standard delivery?

    If you paid for next day/some sort of priority shipping then you're on a more solid footing imo.
    Originally posted by unholyangel
    I paid for Parcelforce 48. Was only about £12 and I thought that was a reasonable service to use considering I wanted the part quickly.
    • sportmonday
    • By sportmonday 16th Jun 17, 7:17 PM
    • 18 Posts
    • 7 Thanks
    sportmonday
    If the retailer offers next day delivery but then chooses to use a non guaranteed service that is their problem not the customers. The customer has chosen and paid for next day and that's what they should get, and failure would result in the retailer failing to meet their own terms.
    Originally posted by Fosterdog
    It's not the service they used which is in question but their inability to send it to the correct address!
    • bris
    • By bris 16th Jun 17, 8:12 PM
    • 6,829 Posts
    • 5,855 Thanks
    bris
    You didn't give them a chance to put it right which is what they are entitled to do. Lesson learned give them the chance before taking it into your own hands.
    • unholyangel
    • By unholyangel 17th Jun 17, 6:41 AM
    • 11,279 Posts
    • 8,495 Thanks
    unholyangel
    I paid for Parcelforce 48. Was only about £12 and I thought that was a reasonable service to use considering I wanted the part quickly.
    Originally posted by sportmonday
    How much did the delivery of the part cost you from the wrong address to yours?

    You said you were desperate for the part. What would have been the consequences of you not getting the part? Would any of it have resulted in you incurring out of pocket expenses?

    I think maybe I'd try an email to them pointing out failed to take reasonable care in carrying out their contractual obligations and were in breach of contract. That you had the item couriered to you to mitigate your losses (if that was the case, dont make stuff up to make it sound better, stick to facts). That your losses were a direct result of their breach and that - given you paid for expedited delivery - should have been within their contemplation at the time the contract was agreed.

    That you would also like to highlight that had you not had the item couriered yourself, they would have been liable for the collection costs, re-delivery costs, as well as being liable for any reasonable losses you incurred as a result of their breach.

    Due to the above circumstances, you think their refusal to refund you the £x incurred in courier costs is unreasonable and request they reconsider their position so you can settle this matter without any further delay.

    Or you may want to send an LBA with the above included.
    Money doesn't solve poverty.....it creates it.
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