Item incorrectly delivered - problem.

Jasirl

Hi all,

I recently ordered a new phone in accordance with my bill-pay plan (Three) and asked for it to be delivered to an address in Nottingham. Long story short, the phone was actually delivered to a house which I had previously been a tenant in, and was signed for by the new occupants.

I managed to get in touch with the new tenants (through Facebook), who acknowledged that they received the item and said they would send it on to me during that week. I sent them a message again when I didn't receive it by the second week. After two months waiting and asking what the situation was, I firmly asked again to send it on to me. I got a reply saying that it was not their responsibility to send it on as it was not their fault it was incorrectly delivered.

My phone company and delivery company have said that they cannot do anything about it because I left it too long after it was delivered. It's been now two and a half months since the phone was delivered.

Does anyone know what the best way to deal with this might be? Any help is much appreciated!

texranger

you should of informed your provider at the time and it would be them that would of had to recover this from the address, but you have another choice you can go collect it in person.

arcon5

They have a duty of care and should allow it to be collected -- at their convenience and your expense.

By intending to permanently deprive you of goods they know not to be rightfully theirs they are infact guilty of Theft. You are also in a strong position having their admission in writing (via facebook).

If I was you I would send them a Letter Before Action before filing a county court claim demanding the current market value of the phone.

chanz4

they dont have an obligation to forward it, so court action is pointless. Go over to the house and collect, if they refuse call the police as its theft

Jasirl

Thanks for your advice everyone who replied. I think an important fact I embarrassingly omitted is that I'm not currently based in the UK, so collection is not possible.

arcon5

Jasirl wrote: »

Thanks for your advice everyone who replied. I think an important fact I embarrassingly omitted is that I'm not currently based in the UK, so collection is not possible.

You can book a courier at parcel2go.com. CityLink service doesn't require them to print off labels as the driver will provide them. You'll be able to have it delivered to a domestic or international address.

System

texranger wrote: »

you should of informed your provider at the time and it would be them that would of had to recover this from the address, but you have another choice you can go collect it in person.

Is this true? I have no idea about this at all but it just seems a bit strange you can order an item, ask for it to be delivered to an address, the item is then delivered sucessfully to that address, then you realise you gave them the wrong address and then expect the retailer to reclaim the item. I would have thought the retailer had fulfilled their obligations and its a matter between the OP and the people in the house.

Like I say though I have no idea the legalities of this

Jasirl

goater78 wrote: »

I have no idea about this at all but it just seems a bit strange you can order an item, ask for it to be delivered to an address, the item is then delivered sucessfully to that address, then you realise you gave them the wrong address and then expect the retailer to reclaim the item. I would have thought the retailer had fulfilled their obligations and its a matter between the OP and the people in the house.

Yeah I understand how it wouldn't be their responsibility if the person made a mistake, but thankfully in this case it wasn't my fault. They had my old address on file and sent it incorrectly there. Might call a local authority and ask what is the appropriate way to proceed.

System

Jasirl wrote: »

Yeah I understand how it wouldn't be their responsibility if the person made a mistake, but thankfully in this case it wasn't my fault. They had my old address on file and sent it incorrectly there. Might call a local authority and ask what is the appropriate way to proceed.

Fair enough, i thought you had made a mistake. Sounds like it is definitely '3''s responsibility then

halibut2209

And I believe* that you would have up to 6 years to pursue them as well, none of this two and a half months sloblock

*happy to be corrected

texranger

goater78 wrote: »

Is this true? I have no idea about this at all but it just seems a bit strange you can order an item, ask for it to be delivered to an address, the item is then delivered sucessfully to that address, then you realise you gave them the wrong address and then expect the retailer to reclaim the item. I would have thought the retailer had fulfilled their obligations and its a matter between the OP and the people in the house.

Like I say though I have no idea the legalities of this

the way i read the OP is that it weas delivered but not to the address specified by the OP, so if thats the case then it is the retailer who needs to recover the item