Agreed to safe space, courier left somewhere else, package stolen

PDotty

Hi,


I agreed verbally to a courier leaving a package in a safe space (Shed or communal hallway). The courier left the package on my next door neighbours front step (property vacant), and it was subsequently stolen.


Courier has an online service which sends photos of 'safe place'. Photo of card left saying 'Left in shed or outbuilding' and photo of box outside neighbours house.


The value of the contents is around £600 and was an urgent delivery.


The courier company have sent a transcript of the conversation to the retailer which states that I agreed to the safe place, and agreed to accepting responsibility of the package once it was left. It is a summary of the conversation and not a word for word transcript of the recording. However, my neighbour's front step is not the safe place I agreed to.


The retailer is currently liaising with the courier company, and I have requested a refund, but am awaiting to hear back. It seems like the refund is dependent on what the courier company says.

I appreciate there will be lots of similar stories, but LEGALLY, who is at fault, who is responsible, and how can I claim the money back?

Thanks.

neilmcl

Legally, the seller is responsible as they have not had the item delivered to you as instructed.

PDotty

Do you know what the legislation is for that so I can follow that up with them?

bod1467

Was this a consumer or business transaction?

If consumer then the Consumer Rights Act would be your starting point.

bris

Who has a £600 item delivered to a "safe place"? Why urgent delivery if your not there to accept it.


The fact you verbally agreed to this is your downfall, there is nothing in writing to say where to leave it so you will have a hard time with this one.

shaun_from_Africa

bris wrote: »

The fact you verbally agreed to this is your downfall, there is nothing in writing to say where to leave it so you will have a hard time with this one.

But there is something in writing.
The delivery card clearly states that the package was left in a shed or building and the photo shows that this wasn't the case as no one could argue that a front step is a shed or other building.

PDotty wrote: »

Photo of card left saying 'Left in shed or outbuilding' and photo of box outside neighbours house

naedanger

PDotty wrote: »

Hi,


I agreed verbally to a courier leaving a package in a safe space (Shed or communal hallway). The courier left the package on my next door neighbours front step (property vacant), and it was subsequently stolen.


Courier has an online service which sends photos of 'safe place'. Photo of card left saying 'Left in shed or outbuilding' and photo of box outside neighbours house.


The value of the contents is around £600 and was an urgent delivery.


The courier company have sent a transcript of the conversation to the retailer which states that I agreed to the safe place, and agreed to accepting responsibility of the package once it was left. It is a summary of the conversation and not a word for word transcript of the recording. However, my neighbour's front step is not the safe place I agreed to.


The retailer is currently liaising with the courier company, and I have requested a refund, but am awaiting to hear back. It seems like the refund is dependent on what the courier company says.

I appreciate there will be lots of similar stories, but LEGALLY, who is at fault, who is responsible, and how can I claim the money back?

Thanks.

Write to the courier company requesting a copy of the actual recording.

Who is responsible will depend on exactly what was said and done. If you were clear that only the shed or communal hall were acceptable safe places then it is probable that the retailer would be found liable if you took them to court, especially if the alternative safe place was clearly unsafe.

On the other hand if you said something like "leave it in a safe place such as a communal hall or the shed", and the neighbour's step appeared reasonably safe, then it is probable the retailer would not be liable (and the loss would be yours).

Ultimately a court would decide based on the evidence who was liable - you or the retailer. Note that even if it was the courier's fault you would hold the retailer liable as your contract was with the retailer. (The retailer may in turn hold the courier liable to them, but that is not your concern.)