Delivered To Wrong House - What Are My Rights?

fallen121

photome wrote: »

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

"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"

I have confirmed the days I will be at home this week. But I'm not exactly hopeful.

Clearly the seller has unswerving faith in Hermes.

It' quite touching really.

But miracles do happen.

I suspect this is going to drag on for months....

J_B

fallen121 wrote: »

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....?

It's not been at all sunny in this corner of Shropshire today

davidmcn

fallen121 wrote: »

Legally it's an unsolicited parcel so I suppose they are within their rights to keep it.

No it's not, so they aren't.

fallen121

Well I am beginning to think that they haven't kept anything because we've been up again and no-one is there.

So either a neighbour has taken it in or someone has pinched it.

Someone on the Hermes forum says that all Hermes couriers carry GPS. So if the guy is claiming to have delivered it to my house, hopefully the GPS should show otherwise.

DCFC79

fallen121 wrote: »

Well I am beginning to think that they haven't kept anything because we've been up again and no-one is there.

So either a neighbour has taken it in or someone has pinched it.

Someone on the Hermes forum says that all Hermes couriers carry GPS. So if the guy is claiming to have delivered it to my house, hopefully the GPS should show otherwise.

Could be 1 person who works away, for example home for 3 days and works for 4 days away.
Speak to the seller.

fallen121

I AM speaking to the seller. They are still hopeful of resolving things with Hermes. And are still hopeful that the parcel may be found. That's optimism for you!

Unfortunately for the seller, I get the impression that Hermes are not the easiest people in the world to get hold of. In an idle moment, I tried phoning Hermes customer service number, which directs you to their online FAQs. Apparently if these aren't helpful you should try their online chat.

I clicked on the online chat last night and found myself #427 in the queue. That's reassuring.

I haven't heard back from the seller in over 24 hours, but I expect they haven't gotten to the front of the online chat queue yet! :rotfl:

theonlywayisup

Have you asked the seller to confirm which address he/she sent it to? You need to do that. Have you explained about the delivery status/photo?

You need to get the seller to confirm the postal address they used (not the one you gave) and if there is no discrepancy (ie they posted it to your address and didn't mis label it) then you need to ask them to dispute the delivery with Hermes.

It will take some time for the seller to dispute the delivery and to be honest most won't even bother as both PayPal and eBay will side with them in the event of a dispute.

If nothing comes from this you can open a dispute. Disputes are usually automated (no human intervention) and the seller should add the tracking and it will close in their favour. Then, you have 30 days to appeal the case. This is where you upload the evidence of delivery to an insecure location. Don't waffle about the weeds and block paving - the item should not have been left outside, regardless of who the outside space belongs to. You need to get eBay staff to understand it was left insecure and clearly has been taken by someone.

Hopefully, if you are clear in the appeal you will be refunded by eBay themselves.

How did you fund the payment (card/bank or balance) and how much was it?

fallen121

theonlywayisup wrote: »

Have you asked the seller to confirm which address he/she sent it to? You need to do that. Have you explained about the delivery status/photo?

You need to get the seller to confirm the postal address they used (not the one you gave) and if there is no discrepancy (ie they posted it to your address and didn't mis label it) then you need to ask them to dispute the delivery with Hermes.

I don't NEED to ask the seller which address they sent it to and there is no possibility that the wrong address was ever used because I know which address Hermes were using.

Hermes sent me regular email updates on the status of the parcel (hence why my daughter was at home when I went out as she was intending to accept the parcel). Every single email from Hermes showed my correct name and address. When they said they had delivered it the email said in very large letters, we have delivered your parcel today to:

<MY CORRECT NAME>
<MY CORRECT ADDRESS>

The issue was that the photo showed that they clearly HADN'T delivered to that address as it wasn't my garden.

The photo was one of the first things I showed to the seller.

The seller is already disputing the delivery with Hermes. The difficulty seems to be that Hermes (as I have already discovered) are quite difficult to contact, so I am well aware that this dispute may take some time.

I'm sure I will manage to work things out with the seller eventually but they obviously want to make quite sure that the parcel can't be recovered before they issue a replacement/refund as it's quite an unusual situation from anyone's perspective.

The seller is also now aware that the courier was GPS tracked and the time of the delivery is known. One of the things they have asked Hermes is to do is to confirm the location of the courier when he claimed to have been at XXX Crescent. Whether or not the parcel was left outside is sort of irrelevant because if the courier delivered it to the wrong address and there is every indication that this can be proved from GPS/photo evidence then Hermes don't have a leg to stand on because they didn't fulfil the terms of their contract with the seller. Not my problem, but it should hopefully work in my favour.

I promise not to waffle on about weeds or block paving to eBay but I don't think it's going to be required anyhow.

lammy82

One small point: if the occupants of the house where your goods were delivered have indeed taken them in, they are not entitled to keep them as 'unsolicited goods'. The item belongs to you, is presumably labelled with your name and address, and they have a duty of care. If someone had purposefully sent goods to them for some reason then they would be unsolicited and things might be different

pmduk

fallen121 wrote: »

They are still hopeful of resolving things with Hermes.

They're obviously unused to dealing with Herpes