Landlord refuses to forward my parcel! Probably stolen... What are my rights?

lovinituk

I don't know why everyone is going on sellers responsibilities - the OP says its a gift from a friend...

kay0981 wrote: »

It was a parcel from a dear friend,

kay0981

ThumbRemote wrote: »

Yes, you do have rights. Legally the landlord has a duty of care for your goods. They can't keep them or get rid of them other than to you, otherwise you can take them to court to recover the cost.

However, they can make it difficult to get the goods - it has to be at their convenience.

There's a guide here: http://www.adviceguide.org.uk/england/your_world/consumer_affairs/consumer_lost_found_and_uncollected_goods_e.htm
It talks about goods from a trader that have been left, but the principle is the same.

If you think they are trying to keep the parcel, you don't have a lot of option but to go yourself or send someone you trust round. Otherwise he could just courier you an empty box.

Well, he is not my landlord anymore. I saw it as more of a favour that he agreed to forward me the parcel. But he didn't have to, at all! I'm so frustrated! He really could have just rejected it and it all would have been easier that way..... =/ I have read somewhere on the Royal Mail website that if a person signs for a parcel that's in your name, they kind of taking on the responsibility of making sure that it's delivered to you. Surely there is some legal substance in this?

bod1467

lovinituk wrote: »

I don't know why everyone is going on sellers responsibilities - the OP says its a gift from a friend...

That's probably based on my post #3. The "friend" status wasn't clarified until post #4.

bod1467

kay0981 wrote: »

if a person signs for a parcel that's in your name, they kind of taking on the responsibility of making sure that it's delivered to you.

Not quite. As they signed for it knowing WHO it was intended for then they have a duty of care for the goods. (So they [legally] can't just bin it, sell it or keep it). They do NOT however have any legal liability to forward it on.

kay0981

bod1467 wrote: »

Not quite. As they signed for it knowing WHO it was intended for then they have a duty of care for the goods. (So they [legally] can't just bin it, sell it or keep it). They do NOT however have any legal liability to forward it on.

Ok thank you for clearing this up. So... following this logic, if say 1 month passes and I don't hear anything from the landlord, could I act on the assumption that the parcel was simply opened/stolen by him?

k3lvc

kay0981 wrote: »

Ok thank you for clearing this up. So... following this logic, if say 1 month passes and I don't hear anything from the landlord, could I act on the assumption that the parcel was simply opened/stolen by him?

At which point he turns round and says he posted it to you on x date and it must have got lost in post

If he's clever he'll also send you an SMS that he's had a change of heart and decided to send it to you after all

kay0981

k3lvc wrote: »

At which point he turns round and says he posted it to you on x date and it must have got lost in post

If he's clever he'll also send you an SMS that he's had a change of heart and decided to send it to you after all

You know, I actually wouldn't put it past him. He's always been sneaky and just an awful person. But I won't give up, I just feel so bad for my friend having spent all that money on a gift that pretty much got stolen. I will give him a couple of weeks, maybe he will come to his senses and just send me my stuff as agreed... I know he technically doesn't have to, but if he couldn't be bothered he really should have just rejected the parcel =/ Thank you for contributing

shaun_from_Africa

kay0981 wrote: »

Of course the parcel had my name on it.... It doesn't matter if it's the old address, no one else but me is allowed to open a parcel addressed in my name....You are not allowed to open people's parcels/post just because they have the same address as you....

It doesn't matter whose name was on the package, your ex-landlord is not breaking any laws by opening it.
It only becomes illegal if opened with the intent of causing you loss or harm.

kay0981

shaun_from_Africa wrote: »

It doesn't matter whose name was on the package, your ex-landlord is not breaking any laws by opening it.
It only becomes illegal if opened with the intent of causing you loss or harm.

That's not true... It is a criminal offence to open a letter or a parcel addressed to somebody else. Opening someone else's parcel and claiming the contents is breaking the law.

Postal Services Act 2009

“A person commits an offence if intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

The parcel has my name on it, and considering the contact I've had with my landlord (of which I have kept records of); he knows full well that the parcel has been incorrectly delivered to his address.

bod1467

Which is what sfA was saying. The LL could open the parcel to confirm the contents. As long as he doesn't DO anything with them (per my post #15) then he won't be breaking the PSA 2009.