Courier failed to deliver, vendor refusing to compensate me

pph

Hi,

DELIVERY COMPANY X attempted to deliver a package to my home address on 27th November. Upon receiving the card through the door, as I was away, at 1400hrs my girlfriend re-arranged (on-line) for delivery for the next day, 28th November to her work address. DELIVERY COMPANY X’s website said this had to be done before 1700hrs for next day delivery, so she did it on time.

Unfortunately, the driver had the package on the van already and was not alerted it seems. So, the next day he attempted delivery to my home address again on 28th November. As we were not in, the driver left it with our neighbour. This was not agreed to at any point by us.

My girlfriend went back to work on Monday 3rd December, having been on leave the previous Thursday and Friday. She checked with the post room and no parcel had been received. She then contacted DELIVERY COMPANY X and they informed me that the parcel had been taken in and signed for by our next door neighbour.

She went to the neighbour after work that evening and tried to get the parcel from them but met the neighbour (a new neighbour, we only moved here in August and did not know them, we do now!) who told her that they don't take in packages (his mother had signed for it and shouldn't have) and because the son didn't know who we were or what was in the package, got scared as to what it was and left it on our doorstep. We can pretty much say with certainty that the parcel has been stolen. Not the best move by the neighbour but there you go.

I’d like to make it clear that I do not believe the neighbour has stolen it, absolutely not. We have met them, they have profusely apologised and yesterday I came home to find a replacement! So please, when replying, don’t suggest that they might have nicked it as it won’t be helpful and I sincerely believe it isn't true.

I have tried to contact the vendor who have been less than helpful. Their advice:

Thank you for your email and understand your concern.

I am sorry you will need to follow up with DELIVERY COMPANY X to claim for the incorrect delivery attempted by them for your order.

You can quote the tracking number to them for any reference.

Now, as I understand it, I am in no way liable for this. The vendor has a policy of only delivering to the paypal address – if anyone is at fault it is the delivery company (and the neighbour, who admits this and is sorry). After some persistent mailing, the vendor is now saying:

unless we complete the investigation with DELIVERY COMPANY X, we will not be able to take any further action.

From what I understand, I should be compensated by the vendor, and the vendor should be compensated by the delivery company. But the two are unrelated, me getting my money back for the item I had never signed for should not depend on the courier company compensating the vendor.

Can the MSE experts please confirm this? They are refusing to compensate me until they get compensated, but I don’t think this is correct in law?

Thanks!

custardy

pph wrote: »

Hi,

DELIVERY COMPANY X attempted to deliver a package to my home address on 27th November. Upon receiving the card through the door, as I was away, at 1400hrs my girlfriend re-arranged (on-line) for delivery for the next day, 28th November to her work address. DELIVERY COMPANY X’s website said this had to be done before 1700hrs for next day delivery, so she did it on time.

Unfortunately, the driver had the package on the van already and was not alerted it seems. So, the next day he attempted delivery to my home address again on 28th November. As we were not in, the driver left it with our neighbour. This was not agreed to at any point by us.

My girlfriend went back to work on Monday 3rd December, having been on leave the previous Thursday and Friday. She checked with the post room and no parcel had been received. She then contacted DELIVERY COMPANY X and they informed me that the parcel had been taken in and signed for by our next door neighbour.

She went to the neighbour after work that evening and tried to get the parcel from them but met the neighbour (a new neighbour, we only moved here in August and did not know them, we do now!) who told her that they don't take in packages (his mother had signed for it and shouldn't have) and because the son didn't know who we were or what was in the package, got scared as to what it was and left it on our doorstep. We can pretty much say with certainty that the parcel has been stolen. Not the best move by the neighbour but there you go.

I’d like to make it clear that I do not believe the neighbour has stolen it, absolutely not. We have met them, they have profusely apologised and yesterday I came home to find a replacement! So please, when replying, don’t suggest that they might have nicked it as it won’t be helpful and I sincerely believe it isn't true.

I have tried to contact the vendor who have been less than helpful. Their advice:

Thank you for your email and understand your concern.

I am sorry you will need to follow up with DELIVERY COMPANY X to claim for the incorrect delivery attempted by them for your order.

You can quote the tracking number to them for any reference.

Now, as I understand it, I am in no way liable for this. The vendor has a policy of only delivering to the paypal address – if anyone is at fault it is the delivery company (and the neighbour, who admits this and is sorry). After some persistent mailing, the vendor is now saying:

unless we complete the investigation with DELIVERY COMPANY X, we will not be able to take any further action.

From what I understand, I should be compensated by the vendor, and the vendor should be compensated by the delivery company. But the two are unrelated, me getting my money back for the item I had never signed for should not depend on the courier company compensating the vendor.

Can the MSE experts please confirm this? They are refusing to compensate me until they get compensated, but I don’t think this is correct in law?

Thanks!

compensate you for what?
you got your item

bod1467

If OP paid extra for a guaranteed or specific delivery then that extra amount should be refunded. Any costs incurred (e.g. phone calls) in trying to resolve the issue would also be reimbursable.

As to compensation? It depends whether time was of the essence (and known to the seller). If it was (and a guaranteed/specific delivery would infer so) then perhaps there is a case? (To what exactly I'm not sure).

melbell

So they delivered to your neighbour and you want compensating because?

You know delivery companies technically don't have to accept instructions from you or your girlfriend as you aren't their customer.

I'd say, ask your neighbour for compo. They were stupid with it

peachyprice

pph wrote: »

yesterday I came home to find a replacement!

So the neighbour has replaced the item?
What do you want compensation for then if you're not out of pocket?

pph

Hi, thanks for the quick responses.

When I say compensation, I mean that I spent £100 on a product which didn't get to me. I believe that is the courier's fault (and the neighbour) so now I want my £100 back.

I did not get my item, what I have is a replacement item from the neighbour to say sorry, but it is not the item I ordered and is unsuitable.

While the neighbour shouldn't have done what he did, I think he should take the item he bought me as a replacement back, and the vendor should give me my £100 back and claim that from the courier?

custardy

pph wrote: »

Hi, thanks for the quick responses.

When I say compensation, I mean that I spent £100 on a product which didn't get to me. I believe that is the courier's fault (and the neighbour) so now I want my £100 back.

I did not get my item, what I have is a replacement item from the neighbour to say sorry, but it is not the item I ordered and is unsuitable.

While the neighbour shouldn't have done what he did, I think he should take the item he bought me as a replacement back, and the vendor should give me my £100 back and claim that from the courier?

The courier delivered to a neighbour
standard and you giving permission is nothing to do with it
your neighbour is at fault and have made up for this(or simply gave you the item they got from the courier)
the seller despatched the item they were paid for. it was delivered,you have a/the item you paid for

pph

custardy wrote: »

your neighbour is at fault and have made up for this(or simply gave you the item they got from the courier)

I agree the neighbour is at fault but as the vendor has a policy of only sending to the registered paypal address and we requested redelivery to another address before the courier company's deadline, I believe they are liable.

The replacement my neighbour has bought me is actually the next level up in the series but is of no use to me, I specifically needed the particular model I bought. I know it is not the one delivered because they are not made any more and I had to buy the one I bought off the vendor second hand.

I think the courier is at fault - why give the option of arranging re-delivery if they ignore it and leave it with a stranger? Bad enough I didn't know them, imagine we had bad relations with them like some people do?!

The guy's Mother signed for it and the Son got spooked because he didn't know what it was or who we were. Not the best idea to just leave it on our doorstep but they are genuinely nice people and I don't believe he should take the hit on this?

The courier should have returned it to depot, or to the re-arranged address as requested or to the vendor. Leaving it with a stranger is not on!

custardy

pph wrote: »

I agree the neighbour is at fault but as the vendor has a policy of only sending to the registered paypal address and we requested redelivery to another address before the courier company's deadline, I believe they are liable.

The replacement my neighbour has bought me is actually the next level up in the series but is of no use to me, I specifically needed the particular model I bought. I know it is not the one delivered because they are not made any more and I had to buy the one I bought off the vendor second hand.

I think the courier is at fault - why give the option of arranging re-delivery if they ignore it and leave it with a stranger? Bad enough I didn't know them, imagine we had bad relations with them like some people do?!

The guy's Mother signed for it and the Son got spooked because he didn't know what it was or who we were. Not the best idea to just leave it on our doorstep but they are genuinely nice people and I don't believe he should take the hit on this?

The courier should have returned it to depot, or to the re-arranged address as requested or to the vendor. Leaving it with a stranger is not on!

if leaving with a neighbour is an issue. then you need to look very carefully at who you order with and what couriers they use

shocky_2

Legally, it is entirely the vendor's responsibility. Your contract is with the vendor and not the courier. Firmly explain that it is their responsibility to sort this out with the courier. The arrangements between the vendor and courier are none of your concern.

pph

youngsolicitor wrote: »

Legally, it is entirely the vendor's responsibility. Your contract is with the vendor and not the courier. Firmly explain that it is their responsibility to sort this out with the courier. The arrangements between the vendor and courier are none of your concern.

This is exactly my position.

I completely understand the negative feeling toward the neighbour here, and to be fair he accepts he made a mistake.

But this does not change the legal position which I stated in my original mail and I believe is shared by youngsolicitor.

Can we detangle the "moral" debate (i.e. blame the neighbour) to the legal matter (it's the vendor's responsibility - they should claim the money back from the courier)?