Parcel left in bin gone to refuse depot - who is responsible?

dj1471

Manxman_in_exile wrote: »

I don't understand what FedEx are saying. If the delivery driver got a "signature", why was it left in the recycling bin?

I'm with you that this is unusual for a "proper" courier like FedEx. I'm wondering if they sub-contracted the last-mile delivery in the UK, especially with it being the busy Christmas period. Doesn't help the OP at all, but might explain the issue.

Manxman_in_exile wrote: »

Depending how valuable the table is I'd be pursuing FedEx further.

The OP cannot pursue FedEx for anything, trying to do so will be a waste of time. Only the retailer can do this.

The debate about looking in bins is both irrelevant and unhelpful, a bin is not a safe place for a courier to store a package in any circumstances.

unforeseen

I'd be claiming g the cost back from the seller via chargeback or whatever.

FedEx is the seller's agent so it is up to the seller to chase up their agent's failure to carry out the delivery correctly.

Manxman_in_exile

dj1471 wrote: »

I'm with you that this is unusual for a "proper" courier like FedEx. I'm wondering if they sub-contracted the last-mile delivery in the UK, especially with it being the busy Christmas period. Doesn't help the OP at all, but might explain the issue.


The OP cannot pursue FedEx for anything, trying to do so will be a waste of time. Only the retailer can do this.

The debate about looking in bins is both irrelevant and unhelpful, a bin is not a safe place for a courier to store a package in any circumstances.

The retailer is in India. The table was bought in India. It's got nothing to do with UK consumer laws.


Yes - a bin is clearly not a safe place to leave somebody else's property in. It's clearly negligent. If I were the OP I'd be pursuing FedEx for their negligent treatment of my property. It's not a contractual or consumer issue.

dj1471

Manxman_in_exile wrote: »

The retailer is in India. The table was bought in India. It's got nothing to do with UK consumer laws.

Who mentioned UK consumer laws? I certainly didn't.

FedEx will only pay compensation to their customer, which is not the OP.

George_Michael

dj1471 wrote: »

FedEx will only pay compensation to their customer, which is not the OP.

If it can be shown that the FedEx driver (or a contractor employed by FedEx) acted negligently by leaving the package in an unsafe location or fraudulently by signing for the delivery then depending on the amount of money involved, they may decide to pay compensation directly to the OP as a goodwill gesture.

unholyangel

visidigi wrote: »

Because its not rubbish - its recycling.

Which round here requires you to take out the plastic caddy for cardboard to be able to put in the other recyclables.

Courier are stopping doing safe places now anyway and moving stuff to retail stores you'll have to drive to collect from, without your approval (check terms and conditions of the big four (FedEx, DHL, UPS, DPD) which have or are changing to allow one attempt and then retail - without recourse as the recipient isn't the contract holder.

Courier firms cant sustain the current approach of people ordering and not being in.

Anyway - clearly in the minority - I'm out.

If a customer doesn't contract directly with the courier themselves, they're not going to be bound by those T&C's. Their recourse would be with the seller who (irrespective of any agreement the retailer then entered into with the courier) failed to deliver the parcel to the address/person specified.

Of course retailers could then stop offering delivery but they won't because then people would stop buying from them.

visidigi

unholyangel wrote: »

If a customer doesn't contract directly with the courier themselves, they're not going to be bound by those T&C's. Their recourse would be with the seller who (irrespective of any agreement the retailer then entered into with the courier) failed to deliver the parcel to the address/person specified.

Of course retailers could then stop offering delivery but they won't because then people would stop buying from them.

Its going to be interesting when they all get them updated, some have already done it some are already doing it. It won't be long before one and done is default behavior.

It won't be long before sellers start adding these terms into the purchasers T&C's.

And then the chain will be complete...its coming for some, already here for others. Welcome to the new cut-price courier services - the current service of today will become premium and you'll have to pay.

There's no such thing as a free lunch...

unholyangel

visidigi wrote: »

Its going to be interesting when they all get them updated, some have already done it some are already doing it. It won't be long before one and done is default behavior.

It won't be long before sellers start adding these terms into the purchasers T&C's.

And then the chain will be complete...its coming for some, already here for others. Welcome to the new cut-price courier services - the current service of today will become premium and you'll have to pay.

There's no such thing as a free lunch...

Except as a seller, you can't have terms that allow you to fail to meet your contractual obligations with impunity.

And then of course you have to deal with the fact that such terms are likely to indirectly discriminate against certain disabilities.

The courier companies should know on average how many attempts each parcel takes and price accordingly. Of course, the real issue is that said companies might be charging £10 to deliver a parcel yet the courier delivering it to the recipient (which I appreciate is just part of the journey) gets just 50p. That means the courier is inclined to deliver it first time - even if incorrectly - rather than coming back and eating into their already paltry wage.

I could go on a 4000+ word rant about how bad cheaper prices are when its at the expense of employment conditions but I'll refrain because I know most people have the "i'm alright jack" attitude.

calleyw

unforeseen wrote: »

Depends on where it was situated. For a lot for houses the bin stays where the refuse people collect it from. No reason for the householder to move it apart from putting it back in its place after emptying.

Then you are very lucky, as around here if its not on the pavement they wont retrieve the bins from somebodies front garden.I use to have mine out the front, right by the pavement but on gravel on my front my garden. And they would not take them.

Also you are not allowed to leave bins on the pavements long term as other wise the council will fine you.

Yours

Calley