Package stolen by neighbours

bobdole

Hi all, looking for some advice on this question (which from browsing the forum I see is often discussed).

I ordered some clothes to be delivered to my flat in the Christmas sales. I placed the order with an online retailer to be delivered to my flat in London. At no point did I inform the retailer that I wanted the package to be delivered to a neighbour. I was out at the time of the delivery and received a message afterwards informing me that the package had been signed for by a neighbour at a flat several doors down. When I got back I went to speak to my (fairly shifty looking) neighbours - both of whom denied ever receiving the package.
I did not want to get drawn into a confrontation with my neighbours so contacted the retailer directly on Monday. They informed me that the courier ‘will need to conduct an investigation’ which can take between 3-5 days. They told me that the initial feedback from the courier was that the driver’s GPS was registered outside my flat and that it had been signed for by the Neighbours in question. They further informed me that DPD are claiming that I had given permission for packages to be delivered to a neighbour in the past - something which acts as confirmation of my willingness to have packages delivered to a neighbour. This is certainly not the case whilst I have been resident at my current address – I informed the retailer of this fact and they claimed that this was associated with an email address/username not an address. This is something I in any case dispute and even if it were true seems very unlikely to hold water as a legal argument.

As far as I can tell it is in any case irrelevant as my agreement was with the online retailer – to whom I certainly did not give permission to deliver the package to any neighbours. The fact that they subcontracted to this particular courier – something that I was not aware of at the time of placing my order – is totally irrelevant to me. Under the consumer rights act they have ultimate responsibility for delivering my items to me regardless; their decision to subcontract to a courier should not be my problem.

My question is – has anyone dealt with a similar response from a retailer/courier company? If so, how did you deal with it?

spadoosh

I wouldnt be assuming the nieghbours stole it, thats pure guess work on your behalf.

Quite a simple procedure. You put in a complaint saying you havent received your parcel to the company you bought it off. Your contract is with them. Theyre responsible for getting the package to you. Thats failed. Theyll want to investigate (otherwise anyone could claim they havent received a parcel) and should they find that you probably havent received the goods should reissue them or refund.

No need for you to speak to the courier. You will probably need to allow a reasonable time to carry out their investigations.

I had a package from Nespresso go missing. They handled it exceptionally well and i recieved the package the following day after what im assuming was very little investigation in to the original going missing.

martinthebandit

Who was the online retailer? You may have more success going through them.

Edit, ......or what spadoosh said

bobdole

Thanks, a very level headed and reasoned response. I should be thinking more along those lines. The prospect of the package being stolen by my neighbours - which as you correctly point out is pure guesswork on my behalf - is partly what I'm stressed about. Not a pleasant feeling.

unholyangel

Just remind the retailer that according to the consumer rights act, risk does not pass until the goods come into the physical possession of you or someone identified by you as being authorised to receive the goods on your behalf.

A neighbour who they selected to make delivery to (regardless if it was random or because thats the neighbour they've previously delivered to on your behalf) has not been identified by you, they've been identified by them and as such, the retailer remains liable.

Don't let them fob you off (seemed from your post that is what the retailer is attempting to do). Send a letter before action if necessary.

bobdole

unholyangel wrote: »

Just remind the retailer that according to the consumer rights act, risk does not pass until the goods come into the physical possession of you or someone identified by you as being authorised to receive the goods on your behalf.

A neighbour who they selected to make delivery to (regardless if it was random or because thats the neighbour they've previously delivered to on your behalf) has not been identified by you, they've been identified by them and as such, the retailer remains liable.

Don't let them fob you off (seemed from your post that is what the retailer is attempting to do). Send a letter before action if necessary.

Thanks a lot. I am going to hold off sending anything further until they have completed their investigation. I have sent them a letter setting out my case and my issues with their response as it stands.

As you say - the main point is that I did not identify this neighbour (or any other neighbour) as someone that could receive my package. If I did so in the past (which I doubt) it would have been 2+ years ago at a different address (this is the very first time that I've had stuff delivered to my current home address).

Ms_Chocaholic

Who was the retailer?