Missing parcel signed for by a colleague

bris

Couriers do not deliver to people they deliver to addresses. CAB are wrong and once again offering bad advice.


[EMAIL="T@C's"]T&C's[/EMAIL] of all courier companies will say this, hardly anything would ever get delivered if they needed a passport before handing anything over. Once delivered to the correct address their liability ends, it's not their fault they delivered it to a thief.

boo_star

bris wrote: »

Couriers do not deliver to people they deliver to addresses. CAB are wrong and once again offering bad advice.


[EMAIL="T@C's"]T&C's[/EMAIL] of all courier companies will say this, hardly anything would ever get delivered if they needed a passport before handing anything over. Once delivered to the correct address their liability ends, it's not their fault they delivered it to a thief.

What the couriers T&C's are is of no relevance to the recipient, unless the recipient also contracted with the courier to deliver the goods.

Which? seems to think that the CRA requires the goods to be in your physical possession (or the possession of someone appointed by you) before the retailer is no longer responsible for them. I suppose you could debate what "appointed by you" means. I would argue that unless the OP made it clear that someone else would sign for the goods when they ordered, nobody was appointed.

The actual legislation states

Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

If they delivered it to a receptionist, is that delivering it to the consumer?

peachyprice

Hedgehog99 wrote: »

Basically, the gist was that unless you authorised the supplier to allow another named person to sign on your behalf, then the supplier's duty was to get the goods to you.

Leaving aside the validity of the statement, by choosing to have the parcel delivered to their work place, knowing it would be taken in at reception, OP has effectively given permission to allow the parcel to be delivered so someone other than themselves.

peachyprice

boo_star wrote: »

What the couriers T&C's are is of no relevance to the recipient, unless the recipient also contracted with the courier to deliver the goods.

Which? seems to think that the CRA requires the goods to be in your physical possession (or the possession of someone appointed by you) before the retailer is no longer responsible for them. I suppose you could debate what "appointed by you" means. I would argue that unless the OP made it clear that someone else would sign for the goods when they ordered, nobody was appointed.

The actual legislation states



If they delivered it to a receptionist, is that delivering it to the consumer?

As above, it's likely OP was fully aware the goods would be delivered to reception.

susancs

Hedgehog99 wrote: »

What else is someone working full time meant to do when their parcel must be signed for?

I arrange collection from store (usually free, so money saving and kept in store for 7 days) and collect after work, lunch break or on my day off, Some stores such as PC World do also do same day or next day evening delivery 6.30pm to 10pm for an extra fee( £3.95 in PC World's case for same day delivery and £9.99 for next day evening slot). Many online companies and ebay sellers also offer collect+ from local shops now. My local newsagents is open from 6.30am to 7pm Mon-Sat, so I collect before or after work if it is collect+. It is now only for large items that i have to wait in for delivery.

littlerock

my old firm had a lot of stuff delivered like that for staff as well as own stuff. Courier and reception always checked how many items were being delivered and signed for as a result. where was it left? in reception? did reception not phone you to pick it up? was it left lying around? could someone else passing through reception simply have made off with it?

neilmcl

boo_star wrote: »

If they delivered it to a receptionist, is that delivering it to the consumer?

Well the trader and consumer have made an agreement to deliver to a business address therefore allowing for persons, other than the consumer themself, to accept delivery.

boo_star

peachyprice wrote: »

As above, it's likely OP was fully aware the goods would be delivered to reception.

Perhaps but I'm not sure that matters in relation to the CRA. If the OP made no specific arrangements for it to be delivered to another person, it would appear that the CRA is currently in their favour.

susancs

neilmcl wrote: »

Well the trader and consumer have made an agreement to deliver to a business address therefore allowing for persons, other than the consumer themself, to accept delivery.

I wonder if the receptionist could be considered as acting as an agent for the OP in effect? It may well be that it was signed for and handed over to the receptionist, but left somewhere that allowed someone else to take it.

Marktheshark

I would inform the retailer you have no contract with their courier and if they want to employ firms that steal the goods then thats not your problem, the contract is cancelled under consumer contracts and you require a full refund or replacement item.
Follow up with a Letter Before Action.