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Wrongly delivered parcel, any liability?

24

Comments

  • This sounds like a total scam to me. Don't pay them anything for goodness sakes.
  • Does sound like a scam - what is the companies name please?
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does sound like a scam, but whos doing the scamming. Whether the op likes it or not there is a duty of care for the goods, proof of postage is not proof the parcel was actually sent back.
    http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm
  • bobajob_1966
    bobajob_1966 Posts: 1,058 Forumite
    bris wrote: »
    Does sound like a scam, but whos doing the scamming. Whether the op likes it or not there is a duty of care for the goods, proof of postage is not proof the parcel was actually sent back.
    http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm

    Are you on drugs?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Proof of postage isn't proof that the parcel was received at the other end, but it is proof that something was posted to the company (although I suppose they could argue that the 'something' was an empty envelope).

    OP I would google the company's name and see what comes up. It is possible it is a scam to get people to pay for unsolicited goods.

    As others have said, don't give them your name, as they will then have a name to sue on (although in the circumstances I doubt that they will go that far).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • jw80
    jw80 Posts: 7 Forumite
    To clarify a few points from members:

    - no contact was made with the company until a letter conveniently address to the householder demanding payment was received.
    - at the point of receiving letter, my partner emailed them and told them they have made a mistake, at which point proof of postage emailed over.
    - her email address is [email]forename-surname@...com[/email], so they will now have her name.

    I'll see what happens in the coming weeks before naming them. They aren't a particularly small company from what I can see though.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    Oh dear......
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jw80
    jw80 Posts: 7 Forumite
    It is interesting that the parcel had a name and address, but the bill was addressed to 'the householder'. How did they know that the person living in the house was not the person to whom they had sent the parcel - unless they have received the parcel back?

    yes interesting indeed. this was the only reason it was opened, mail for other people often gets delivered here which we just put back in the postbox.
    maybe they are trying to scam us?
    we wont be paying them anything though, nor are we the sort to worry about the threats they make. unless of course a judge finds for them -- but i'm wondering if in anyway she is liable for this byy law? if so it may be worth offering a full and final settlement?.....
    the annoying thing is we didn't sign for it, it was left in our back yard and we was carded -- should have binned to damm thing and denied all knowledge (hindsight is wonderful huhhh)
  • bris wrote: »
    Does sound like a scam, but whos doing the scamming. Whether the op likes it or not there is a duty of care for the goods, proof of postage is not proof the parcel was actually sent back.
    http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm

    From that link
    "You must take good care of goods which have been left with you. You may be held legally responsible if the goods are lost, stolen or damaged while in your care. However, the amount of care you need to take depends on whether or not you have a contract with the owner."

    The OP had no contract, and has taken a resonable amount of care. Small Claims can be fickle, but no judge in their right mind, would believe on the balance on probablilty the OP hasn't take such care.
  • jw80
    jw80 Posts: 7 Forumite
    vax2002 wrote: »
    Oh dear......

    not good then?
    i cant decide if outr liability ended on sending it at the post office or its until they receive it...............
    maybe we should have them issue us an invoice (onewithout immediate demand rubbish) then claim with the rm then passthe money onto the company................
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