Signed for neighbour's parcel, then burgled

simonb4779

Hi. Put this out on the insurance forum but was directed over here so hopefully someone can help.

Whilst on holiday last week, my father in law signed for a parcel for next door while he was around doing some plastering for us.

Later that evening after he had left we were burgled. They were after the car keys but didn't get them as the alarm scared them off, but on the way out they grabbed an Xbox, Wii and the neighbours parcel.

My insurance company said that the neighbour's parcel is not covered under our contents policy. ASOS say that as the parcel was delivered that it's no longer their problem. Does anyone have a clue where the liability lies? Is it a job for an insurer, or is it for ASOS or DPD to take responsibility?

Any help gratefully received.

Thanks

Simon

iammumtoone

What was the valve of contents in the parcel?

maisie_cat

Did next door give permission for the courier to deliver to your house? if so they have complied. If not the courier company is probably liable for not actually delivering to instruction. I suspect that if your neighbour gave the instruction he has no claim to anybody.

simonb4779

Value of contents was £260.

neilmcl

maisie_cat wrote: »

Did next door give permission for the courier to deliver to your house? if so they have complied. If not the courier company is probably liable for not actually delivering to instruction. I suspect that if your neighbour gave the instruction he has no claim to anybody.

I'm not sure I agree in this instance. The OP's FIL accepted the item, he could've refused, therefore he takes responsibility for it's safe keep whilst in his possession, although clearly not his fault that he was burgled.

steampowered

section 28 of the Consumer Rights Act says that "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."

In this case the goods have unfortunately not been delivered to your neighbour.

For that reason I think it is ASOS' problem and they should send a replacement.

The position would be slightly different if your neighbour ticked a box saying that ASOS have permission to deliver to a neighbour. In this case the goods would have technically been delivered as per your neighbour's instruction, making it your neighbour's problem.

iammumtoone

simonb4779 wrote: »

Value of contents was £260.

Thats a lot of money for your average parcel. Do you get on well with your neighbours? any chance they could be pushing it a bit now they think an insurance claim is likely.

wealdroam

simonb4779 wrote: »

Hi. Put this out on the insurance forum but was directed over here so hopefully someone can help.

Whilst on holiday last week, my father in law signed for a parcel for next door while he was around doing some plastering for us.

Later that evening after he had left we were burgled. They were after the car keys but didn't get them as the alarm scared them off, but on the way out they grabbed an Xbox, Wii and the neighbours parcel.

My insurance company said that the neighbour's parcel is not covered under our contents policy. ASOS say that as the parcel was delivered that it's no longer their problem. Does anyone have a clue where the liability lies? Is it a job for an insurer, or is it for ASOS or DPD to take responsibility?

Any help gratefully received.

Thanks

Simon

Just curious, but how do you know that the burglar was after the car keys?

boliston

It would come down to negligence at the end of the day - was the neighbour negligent by storing a parcel in a house that was not 100% secure? I think a court would say "no" as not many houses are 100% secure.

simonb4779

Get on well with the neighbours. She said it was some dresses that she'd ordered to try on for her hen do. Pretty unfortunate timing!

simonb4779

wealdroam wrote: »

Just curious, but how do you know that the burglar was after the car keys?

Police said so. They mentioned that the same model was stolen in the same way the day after a couple of miles away. Luckily I don't keep the car keys anywhere near the door. Once they realised there was an alarm, they only had 30 seconds to grab a couple of bits.