ASOS refuse to refund my parcel left with neighbour who "doesn't have it"

Melissa_Farnie

Hello all!

I started a new job and wanted to treat myself to some clothes from ASOS. I shed a massive £131.60 (I KNOW!) and qualified for next day delivery.

The date it was delivered I was at work and it was left with a neighbour. I chased up ASOS about this and they gave me the full address and name of the person it was left with. I didn't recognise the address or the name and contacted ASOS again.

They've told me because the parcel was signed and delivered to my neighbour it is accounted for with them and it now a civil matter between my neighbour and I!

I said I had never agreed to my parcel being left with a neighbour as I live in a very built up part of London and was told as a customer to ASOS I had automatically agreed to their T&C's. I've had a bit of back and forth with them on Twitter today but to no avail.

I'm very upset and hoping someone can shed some light on this?

Thank you in advance, Melissa Grace x

fairy_lights

Is the neighbour refusing to give the parcel back, or are they denying they received it? Have ASOS provided a copy of the signature to prove it was signed for?

agrinnall

fairy_lights wrote: »

Is the neighbour refusing to give the parcel back, or are they denying they received it?

Given that the OP doesn't recognise either the name or the address recorded by the delivery company that answer to both parts of that question would presumably be No.

OP, how did you pay?

naedanger

Melissa_Farnie wrote: »

Hello all!

I started a new job and wanted to treat myself to some clothes from ASOS. I shed a massive £131.60 (I KNOW!) and qualified for next day delivery.

The date it was delivered I was at work and it was left with a neighbour. I chased up ASOS about this and they gave me the full address and name of the person it was left with. I didn't recognise the address or the name and contacted ASOS again.

They've told me because the parcel was signed and delivered to my neighbour it is accounted for with them and it now a civil matter between my neighbour and I!

I said I had never agreed to my parcel being left with a neighbour as I live in a very built up part of London and was told as a customer to ASOS I had automatically agreed to their T&C's. I've had a bit of back and forth with them on Twitter today but to no avail.

I'm very upset and hoping someone can shed some light on this?

Did you pay by credit or debit card? If so, and the retailer won't help, then you could consider doing a chargeback with the reason being that the goods were not received. You may need to explain the background, but if you did not give the retailer permission to leave the goods with a neighbour then I think you should have a valid claim.

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

happyandcontented

Did you track down and speak to the neighbour?

As an aside, if your real name is also your user name that is not a good idea.

steampowered

It is worth checking with your neighbours first, but if you can't find the parcel it is absolutely ASOS' problem.

They are responsible for getting the parcel to you. If the issue doesn't get resolved, then put in a formal complaint. If that doesn't get you anywhere, either proceed to chargeback through your bank, or 'letter before action' threatening a small claim.

I suspect the reference to ASOS T&Cs is a red herring. I doubt there is anything in there about this situation. If they want to mention their T&Cs, ask them to refer you to the exact paragraph in the T&Cs which they are talking about.

waamo

ASOS are members of the ombudsman scheme so complaints can be escalated to them.

hollydays

waamo wrote: »

ASOS are members of the ombudsman scheme so complaints can be escalated to them.

Allegedly............

unholyangel

From the Consumer Rights Act:

29Passing 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.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

Unless there is someone you have identified as being authorised to receive the goods, then risk doesn't pass until they come into your possession - and ASOS's own evidence seems to prove the opposite (that the goods came into the possession of someone who isnt you and who wasn't identified by you - if they were identified by anyone, it was the courier).

Nor can I find anything in ASOS's T&C's giving them authorisation to deliver anywhere else - in fact, there are no terms on delivery at all, it seems to stop after payment. But even if there was, statute specifically says "a person identified by the consumer" - if they wanted to let retailers disclaim liability when delivered to a neighbour, they would have used different wording - something like "a person the consumer has agreed to take possession". And any term that would attempt to/have the effect of allowing them to disclaim liability for something which was within their control & which could allow them to be negligent with impunity would be at high risk of being an unfair term.