parcel delivered to old addy, neighbour signed for but says he didnt

faerielight

I bought some stuff online, forgot to change to my current address, the new occupants were out, so the neighbour that shares a hallway with them has signed for it, but he is denying that he did. The big problem is that that neighbour used to stalk and harass me, hence why I moved, so I can imagine he is taking pleasure in withholding it from me.. Is there anything I can do?

marliepanda

Difficult. You'd probably have to report it stolen. The courier did their job.

What proof do you have of him signing for it

LABMAN

faerielight wrote: »

I bought some stuff online, forgot to change to my current address, the new occupants were out, so the neighbour that shares a hallway with them has signed for it, but he is denying that he did. The big problem is that that neighbour used to stalk and harass me, hence why I moved, so I can imagine he is taking pleasure in withholding it from me.. Is there anything I can do?

Change your address to your current place of abode...you have messed up...your item has been delivered to the address you requested it should be.

Kim_kim

LABMAN wrote: »

Change your address to your current place of abode...you have messed up...your item has been delivered to the address you requested it should be.

It hasn't. It's been left with a neighbour.
The OP should not be responsible for that.

daytona0

marliepanda wrote: »

What proof do you have of him signing for it

Yea.

If proof exists then may be worthwhile showing it to the neighbor in question and advising that POLITELY you will have to pass over the information to the police. May frighten them enough.

LABMAN

Kim_kim wrote: »

It hasn't. It's been left with a neighbour.
The OP should not be responsible for that.

Who should be then? It was only delivered there under the OP's instruction...deliveries are left with neighbours all the time. The OP has screwed up, not the delivery guy.

POPPYOSCAR

LABMAN wrote: »

Who should be then? It was only delivered there under the OP's instruction...deliveries are left with neighbours all the time. The OP has screwed up, not the delivery guy.

How can a buyer be responsible for an order not actually delivered to the address specified and left with a neighbour unless that has been requested by the buyer?

unholyangel

Putting aside the wrong address issue for the moment, had you put your own address and this had happened, the majority of replies would be telling you that the conumer rights act states:

Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

Now given you've provided the wrong address, the new occupiers would fall under (b) - but the ex-neighbour doesn't. What they allow third party providers to do when carrying out duties for them doesn't change that unless you told them they could leave it with a neighbour.

faerielight

Thanks for your replies, guys.
it was my fault that I didn't change my address, it's not my fault that it was delivered not to my past address, but to the neighbour that shares my hallway with the couple who live in my old flat I did not give any instructions to leave it with anyone else but myself. It was too late to phone the company today, all I got was an email saying status completed and signed for.
He is known to the police as he got charged with common assault. I'm sure they will still have the records. He is not frightened of the police though. While I was being harassed, he was going to court for racial assault, and he wasn't afraid of police.
Does that mean that it would be classed as theft or would it be a small claims court situation?I paid via Paypal and they have the correct address, I don't know if that protects me in any way?

Silver-Surfer_2

faerielight wrote: »

Thanks for your replies, guys.
it was my fault that I didn't change my address, it's not my fault that it was delivered not to my past address, but to the neighbour that shares my hallway with the couple who live in my old flat I did not give any instructions to leave it with anyone else but myself. It was too late to phone the company today, all I got was an email saying status completed and signed for.
He is known to the police as he got charged with common assault. I'm sure they will still have the records. He is not frightened of the police though. While I was being harassed, he was going to court for racial assault, and he wasn't afraid of police.
Does that mean that it would be classed as theft or would it be a small claims court situation?I paid via Paypal and they have the correct address, I don't know if that protects me in any way?

Possibly if he's acting dishonestly and intends to permanently deprive you of it. Until he refuses to hand it over how do you know he hasn't taken it for safe keeping?

elsien

Can't see the relevance of him having been charged with assault in the past to a current potential theft charge. The two are unrelated.