Delivered To Wrong House - What Are My Rights?

fallen121

I bought something on eBay, the seller sent it Hermes. This wasn't evident in the sales post so it wasn't like I could have chosen another seller as I didn't know this was the service they were going to use.

Hermes delivered the parcel this morning whilst I was out. I know this because they sent me an email. Correct address in the email. My daughter was in the house, when I got home and no parcel she said no-one had knocked, no card left.

Delivery email had a delivery photo showing that the parcel had been left under a hedge by a black wheelie bin. But obviously not my garden as my bins are up against the wall of the house nowhere near a hedge. My husband cut down the hedge in the summer and also there was tamac with weeds under the wheelie bin, our bins are stored on a driveway with block paving.

After puzzling for a while I wondered if Hermes guy had misdelivered. We live at xxx Crescent but there is also an xxx Road, so I went up there and found the same house number as ours. House in darkness, didn't answer my knock, but back gate open and I peered over and could see the bin and the hedge and the patch of moss and weeds and everything exactly matched my delivery photo but no package. They had obviously got a card through the door and taken it in.

Tried the door again but no reply, went home, wrote a nice note attaching the photo and my phone number, said that I'd been told a parcel delivered to my house but looked from the photo as though it had gone to their house by mistake, if they still had it could they please phone me and I would collect.

8 hours later and no-one has phoned me. A bit scared to go up there again in case they feel I am hassling them.

According to Hermes the parcel has been delivered. According to the seller the parcel has been delivered. I KNOW it hasn't been delivered (not to ME, anyway) but it doesn't look as though the recipients are in much of a hurry to give it back or maybe they binned it or used it and are embarrassed to say I don't know. If they took it in presumably they are not away and they didn't try to bring it down then presumably they are not bothered. Legally it's an unsolicited parcel so I suppose they are within their rights to keep it.

What are MY rights as I expect that the seller could just use the delivery confirmation from Hermes in any dispute with eBay or Paypal....?

duchy

Or they could be out or working or got your note when they got home and are planning to call you in the morning ( you posted at nearly 1am so say they got home at nine or ten , most people wouldn't call til the next day rather than late in the evening.)
I wouldn't even start worrying until tomorrow evening.
Legally it's not an unsolicited parcel as it doesn't have their address on it (unless your seller made a mistake with the address)

fallen121

Correct address in email so am assuming correct address on package.

I've used Hermes print in store (which is the cheapest way to send, so assume they used that) and you put in the house number and postcode and select from a dropdown. As xxx Crescent has a completely different postcode to xxx Road it's unlikely the seller selected xxx Road on the dropdown by mistake as the postcodes aren't even similar.

I am assuming that Hermes must be using newly recruited drivers to help with the Christmas rush as the regular Hermes guy wouldn't make that mistake, he knows where my house is and where the safe place is (which isn't next to a bin but much safer).

What I can't understand is how come this happened in the first place as I thought delivery drivers used postcodes and/or GPS on their phones....?

I accept that the recipients have probably been out all day and after a certain time you wouldn't phone someone but a text would have been nice. I accept that my priorities aren't their priorities but IF they decide to do nothing I'm sort of on a bit of a sticky wicket really. And I can't keep going up there. That IS harassment really.

Just a bit depressed as this is the third purchase which has gone pear shaped. Others have been a faulty item where the seller keeps banging on about what good quality it is and ignoring the fact that it doesn't work and an expensive collectable put in a plastic bag which OF COURSE Royal Mail crushed and the seller want me to accept a 30% discount and walk away even though the poor packaging was their fault and the item is completely ruined.

Just a culmination of things going wrong causing me to panic, really.

photome

fallen121 wrote: »

Correct address in email so am assuming correct address on package.

I've used Hermes print in store (which is the cheapest way to send, so assume they used that) and you put in the house number and postcode and select from a dropdown. As xxx Crescent has a completely different postcode to xxx Road it's unlikely the seller selected xxx Road on the dropdown by mistake as the postcodes aren't even similar.

I am assuming that Hermes must be using newly recruited drivers to help with the Christmas rush as the regular Hermes guy wouldn't make that mistake, he knows where my house is and where the safe place is (which isn't next to a bin but much safer).

What I can't understand is how come this happened in the first place as I thought delivery drivers used postcodes and/or GPS on their phones....?

I accept that the recipients have probably been out all day and after a certain time you wouldn't phone someone but a text would have been nice. I accept that my priorities aren't their priorities but IF they decide to do nothing I'm sort of on a bit of a sticky wicket really. And I can't keep going up there. That IS harassment really.

Just a bit depressed as this is the third purchase which has gone pear shaped. Others have been a faulty item where the seller keeps banging on about what good quality it is and ignoring the fact that it doesn't work and an expensive collectable put in a plastic bag which OF COURSE Royal Mail crushed and the seller want me to accept a 30% discount and walk away even though the poor packaging was their fault and the item is completely ruined.

Just a culmination of things going wrong causing me to panic, really.

You first posted at 1am and then again at 0642, most people would not be contacting you between those times, wait until this evening before going round again.

Cetshwayo

fallen121 wrote: »

A bit scared to go up there again in case they feel I am hassling them.

How could you be hassling them? They weren't in the first time you called. Get round their and ask, otherwise prepare for battle.

fallen121

Parcel was delivered at 10am yesterday, I got back at lunchtime but it took a couple of hours for the penny to drop as I spent ages searching the garden first of all. By that time it was getting dark. Went up there I think about 3pm and again at 4pm.

Hoping they text actually as I'll be at work all day and unable to take calls. And my husband is working in a "dead" reception area so I can't divert to him.

Don't know if I want to visit the house again. As I said, it seems like harassment really. They didn't ask for this package and aren't really under any obligation to do anything.

powerful_Rogue

fallen121 wrote: »

Parcel was delivered at 10am yesterday, I got back at lunchtime but it took a couple of hours for the penny to drop as I spent ages searching the garden first of all. By that time it was getting dark. Went up there I think about 3pm and again at 4pm.

Hoping they text actually as I'll be at work all day and unable to take calls. And my husband is working in a "dead" reception area so I can't divert to him.

Don't know if I want to visit the house again. As I said, it seems like harassment really. They didn't ask for this package and aren't really under any obligation to do anything.

Well they could be like my parents and not have a mobile phone so no way of sending a text.

If you don't want to go back round, won't be able to accept a phone call as at work - what do you actually want to happen?

photome

as has been said...how can it be harassment if they werent in when you went and also as above my parents wouldnt be able to text you

PasturesNew

They could even be away ... and their dog sitter spotted it and put it inside.

You're worrying over nothing at the moment....

Have some patience....

However kind and wonderful these people are ... they might simply have not, yet, been in a position to get round to "dealing with this parcel that has appeared".

fallen121

Well I have taken everyone's advice, not done anything and waited for them to contact me. Nothing. Ok. Let's assume they don't have a mobile so can't text me and don't want to go to the expense of calling from a landline. Ok, I accept that.

Husband went round on his way to work this morning, nobody at home. I stopped off on my way home from work. House in darkness, nobody at home.

The logical conclusion might be that they are not actually there. They could, for all I know be on holiday. But then if they were on holiday, what exactly happened to the parcel? If they weren't home to receive the card from the courier and rescue the parcel, why wasn't it still under the hedge when I went up yesterday afternoon? Yes, I suppose it is possible a neighbour saw it, knew they were on holiday and took it in. But a concerned neighbour taking a parcel in would probably be the sort of person to notice that they address wasn't theirs. Well you'd presume so, wouldn't you?

There's also another possibility. That they received the card, took the parcel in, forgot about it and went off on a two week holiday. It's always possible. Stranger things have happened.

There's also a third possibility. The parcel, because of the open garden gate, was in full view of the road. Supposing someone pinched it? That seems to my mind the most likely scenario but unfortunately the hardest to prove.

From an eBay and Paypal perspective, with an email delivery confirmation, I'm on a bit of a sticky wicket. On paper at least, the parcel has been delivered. The seller is off the hook in that regard. So they don't actually have to refund or replace, and from the sounds of thing, don't seem to want to.

"Pleez do not be concerned of this matter. Immediately we will be asking Hermes to retrieve the parcel and be delivering it back to you in just a few days. Please confirm the days you will be at home this week"

Well good luck with that guys. If we can't retrieve the parcel from two streets away, how on earth are you going to achieve this from sunny Shropshire....?

MUST. HAVE. FAITH. :rotfl:

photome

what does the seller say, your contract is with them and it hasnt been delivered to you