Courier delivering to Neighbor

fwhorn

Forris wrote:

This is not entirely correct, it depends on the Ts & Cs of the specific carrier. Below is an extract from the Parcelforce terms:

Originally Posted by http://www.parcelforce.com/portal/pw/content1?catId=7500082&keyname=neo_condit
2. Delivery to an address

2.1
Parcelforce Worldwide undertakes to deliver to an address specified in the despatch documentation, not to a specific person.

2.2
If there is no-one present at the address then:

2.2.1
the Customer acknowledges and agrees that Parcelforce Worldwide may at its discretion attempt to deliver the Consignment to a neighbouring address within a reasonable distance of the delivery address; and

2.2.2
if this occurs, a Customer Contact Card shall be left at the specified address; and

2.2.3
the Customer agrees that such delivery shall constitute delivery to the address specified as the delivery address in the despatch documentation.

In my experience it is very rare for this issue to arise, where a neighbour is at fault for leaving the parcel, or just denying receipt. Unfortunately, however, if the courier's Ts & Cs are similar to above then your only recourse is with legal action against your neighbour, although both the courier and the sender should do all they can to assist you.

Note: some senders specify that the parcel is to be signed by the addressee only. This overrules the couriers standard terms.

Thats ok as the sender is the customer and the goods belong to the sender until such time that they have been delivered. This has nothing to do with the person who is receiving the goods. OP you have to go back to whoever is supplying you and ask when they are going to deliver the goods, dont accept that they have been delivered as they have not.


delivery n. the actual handing to another of an object, money or document (such as a deed) to complete a transaction. The delivery of a deed transfers title (provided it is then recorded), and the delivery of goods makes a sale complete and final if payment has been made. Symbolic or constructive delivery (depositing something with an agent or third person) falls short of completion unless agreed to by the parties. (See: contract, deed)

Altarf

chocski wrote:

I spoke to someone at consumer direct and they also told me that it's really the neighbors responsibility as he signed for it. It appears that the only way to get my money is to make a claim against him. I really don't feel like having a fall out with a neighbor so i'm a bit stuck.

Consumer Direct are talking out of their backside.

Your neighbour has a responsibility to look after the goods on behalf of the courier firm, as they chose to accept delivery from them. If your neighbour has lost them, then it would be the courier firm that would need to sue them, not you.

Your contract is with the online retailer, who you arranged to supply you with delivered goods. It doesn't matter that this has not happened due to their courier leaving the goods with a neighbour who has lost them, until the goods are delivered then they have not fulfilled their contract.

It also doesn't matter what the T&Cs of the delivery firm are. They are not your delivery firm, they are the online retailers delivery firm. It is the retailers responsibility to deliver the goods to you, and if they choose a courier that is not up to the job, that is their problem not yours.

RumanaB

I think your neighbour has still got the item. Why would anyone leave someone else's item out on the doorstep? It doesn't make any sense...if he couldn't wait until you got home to give you the item, why did he accept it in the first place? Or he could have just left you a note to tell you to pick it up. And didn't he consider the possibilty that someone might actually steal it? It's so weird!

Butlers1982

Listen its very easy.

Ring the company who you ordered the item from and tell them that you ordered an item and that it has been delivered to you neighbours address.
Tell them that you dont get along with your neighbour/etc and that you cannot approach them for the item.
They MUST re order the item for you (without charge) if you want and send it out.
Its not for you to be making any claim. The claim is for the company that your contract of sale is with and the carriers.Your neighour is the thrid party in this.
It wont even be worth the company writing out to him asking him to sign a document stating he never took delviery of an item and they will probably just write it off.
At the end of the day, as many above have said, you paid for delivery at your address, therefore if you havent signed for it-you are entitled to receive it-pending an investigation.

dont approach your neightbour-nothing to do with him.

nej

Definately the neighbour still has it!

Just before Xmas my neighbour took in a delivery he thought was for me. He's a good guy and we do this fairly often for each other. So he bought the thing around later, but hadn't looked at it.

We got the parcel and realised it wasn't for number 8 (us), but the courier had mis-delivered it and it should've been for 5. Neighbour didn't notice because the courier told him it was for 8. Fortunately for number 5 I'm an honest guy so I took it over.

I also had one dropped at number 3, who I've never met or spoke to in my life. A nice big "Play.com" box as well. Again, luckily he was an honest guy and hung onto it for me until I went over.


I hate couriers that do this. Unless there are explicit "Deliver to Number x if no answer at my house" instructions given then they should hang onto it.

shellsuit

Neighbour takes it in and signs for it, knowing you are not at home, then knocks, gets no answer, so knows you are still not home and then leaves it outside??

Why did the neighbour bother signing for it in the first place if they were going to do that?

Doesn't make sense to me at all!!

Was it an expensive item??

smcaul

As others have said, it is down to the company you purchased the item from. Phone them and tell them you have not received item, therefore they need to send another one or refund you - if they still say it is down to you just take them to the small claims court. They are the customer of the Couriers not you, they have the contract with the courier, not you. Put the ball back in their court.

rjm2k1

Can't you try a visa chargeback as has been done with farepack customers?

Mrs_Optimist

what was the item? Out of interest.

moonrakerz

Surely the posts above referring to all the T & Cs are meaningless. The person sending the parcel has a contract with the courier NOT the receiver.
If you are expecting a parcel, you don't agree to him leaving it elsewhere.