Courier failed to deliver, vendor refusing to compensate me

neilmcl

pph wrote: »

Well, I have had stuff simply left on the doorstep by Royal Mail. Still it's a realistic possibility they will do it again.

Does that make it acceptable?

If you don't do anything to counter this then yes it would be deemed that you accept this.

It's standard, accepted practice, and entirely reasonable, for a courier to leave goods with a neighbour. Unless you specifically made an arrangement with the vendor that the goods would be delivered to no other address than your home address then I'm not so sure you have a case, particularly when you changed the delivery arrangements part way through.

unholyangel

arcon5 wrote: »

They have subsequently attempted delivery and op is now In possession of the goods.

Uhm no they're not. OP is in possession of similar goods supplied by the neighbour. They are not in possession of the goods they ordered and paid for because those goods went missing before they reached the OP.

That is the breach young is referring to afaik.

pph

arcon5 wrote: »

Based on that logic a company is immediately upon accepting an order has breached the contract because the goods haven't been received yet.

Not a very useful comment is it?

They was contract to deliver the next day - they did this, but was unable to leave the parcel through ops own fault. They have subsequently attempted delivery and op is now In possession of the goods.

No, you are incorrect. Please read the original post again. They tried to deliver (standard, no next day) and we were out. Not exactly unreasonable. They took it back and my girlfriend went online to re-arrange delivery to her work post room for the next day. Sounds like a good move to me? To deliver it to a unit in a company dedicated to receiving and sending mail? Sounds like the safest place to have it delivered.

Op, stop blaming the company and claiming compensation for something you and your neighbour have caused.

I am not blaming the vendor, they have acted OK until they a) told me it wasn't their problem (see first bit of bold text) and then b) were unwilling to contact the courier and make a complaint on my behalf. Did you read the original post? If you speed read then please stop, it doesn't help. The courier and neighbour are at fault but the neighbour should not have been put in a position to sign.

And just how has the courier company met its obligations if they have not delivered it to my address and have not delivered it to the alternative address that was provided? Further, the vendor has a policy of only shipping to the registered Paypal address of the buyer (I have only just found this out). So the if the vendor did not make this clear to the courier, this an error by the vendor. If they did make this clear to the courier, then the courier is at fault.

Accept the company have met their obligations and in future if you are not going to be home then don't specify next day delivery.

Again, please take more time to read the original post. At no time was next day delivery to my home address arranged. Have a cup of tea and read it again.

As an aside, you have no contractual relationship with the courier, the retailer does... So you have no right to change the delivery address specified by their customer.

By that logic, the courier company has no right to change the delivery address to my neighbour without contacting the vendor, wouldn't you say?

pph

arcon5 wrote: »

op is now In possession of the goods.

Wrong again :facepalm:

If you aren't going to read my posts properly, kindly remove yourself from this thread as far from adding value, it is creating ill informed noise and someone who has something of use to contribute might not.

pph

custardy wrote: »

The answer is,thats down to you
you went to great pains to state you never agreed to items being left with a neighbour
so its obviously an issue for you

I am sorry, I don't understand your response. I went to great pains to explain the whole story, not just that part?

I'll take a stab at what I think you are getting at though.

What is an issue for me is that high streets are dying and everything is moving online. Those online retailers and their courier companies, instead of moving with the times and spending some of their newly found wealth on customer service and systems development, are happy to leave items on the doorstep / leave them with neighbours rather than do their job properly.

I find it a sad reflection on our times and won't let these big companies make "the little guy" (me and the neighbour) bear the brunt.

unholyangel

pph wrote: »

Wrong again :facepalm:

If you aren't going to read my posts properly, kindly remove yourself from this thread as far from adding value, it is creating ill informed noise and someone who has something of use to contribute might not.

He made a mistake, we all do. Not the end of the world :P

Good judgement comes from experience......unfortunately experience usually comes from bad judgement

pph

neilmcl wrote: »

If you don't do anything to counter this then yes it would be deemed that you accept this.

If at the point of sale a note came up asking if I minded that the goods would be left with a neighbour, I would agree. But they didn't.

It's standard, accepted practice, and entirely reasonable, for a courier to leave goods with a neighbour.

Is it really? I ask so please answer from a legal point of view.

There are many things that were "grey matters" and standard practice in society that until challenged left people in a worse position than they deserved.

Unless you specifically made an arrangement with the vendor that the goods would be delivered to no other address than your home address then I'm not so sure you have a case,

Well, you fill in your address upon checkout and that's the address they deliver it to? There isn't a checkbox that says "here and here only"? Where do you draw the line by the way? I have an upstairs neighbour and a side neighbour... did the company try upstairs and see no-one was there and went to the side? How about if they had not been in, would they have gone down the road to each and every house until they found someone in my neighbourhood to take it in?

Simple answer: you deliver to the address specified unless given express permission to do otherwise. If no-one's home, take it back to the depot?

particularly when you changed the delivery arrangements part way through.

a) this was ignored by the courier
b) apparently as I have no contract with the courier, this request was irrelevant to their procedure
c) the courier company offer this service on their site, we were not confusing the issue. If they attempt delivery and it fails, as long as you request it online before 5pm (and we did at 2pm) then they offer to deliver to the alternative address. As this alternative address was a company post-room, you'd think it preferable to leaving it at a virtually random address? They may be neighbours but we've only just moved in and not met them. But again, what if we had bad relations with them? It's not exactly unheard of.

pph

unholyangel wrote: »

He made a mistake, we all do. Not the end of the world :P

I don't know whether you mean the neighbour or Arcon5, but I agree.

If you were referring to the neighbour, he has apologised.

If you were referring to Arcon5, then I still agree, but I find error mixed with the kind of tone he/she was taking to be a bit unpalatable.

Still, as you say, not the end of the world.

I FORGIVE YOU, ARCON5 :beer:

Sambucus_Nigra

The neighbour buying you a replacement is a red herring [as is them leaving it on the doorstep to be honest - they could just as easily have disposed of it anyway].

The vendor should reimburse and the courier should pick up the tab for their lack of procedures which allowed this in the first place.

custardy

pph wrote: »

I am sorry, I don't understand your response. I went to great pains to explain the whole story, not just that part?

I'll take a stab at what I think you are getting at though.

What is an issue for me is that high streets are dying and everything is moving online. Those online retailers and their courier companies, instead of moving with the times and spending some of their newly found wealth on customer service and systems development, are happy to leave items on the doorstep / leave them with neighbours rather than do their job properly.

I find it a sad reflection on our times and won't let these big companies make "the little guy" (me and the neighbour) bear the brunt.

where has leave on doorstep come into it?
are we just on a general rant now?
As for 'doing the job properly'
well now you have an interesting paradox
ask 100 people
doing the job properly in the context of delivery means leaving a card,leaving in a safe place,leaving with a neighbour,knowing that john 5 doors down takes the packets for everyone etc
bespoke costs money,one size fits all costs less