Yodel lost parcel - suspected stolen

garythehutch

Hi everyone

Hoping for some advice. I’m going to lay out basic facts and keep speculation to a minimum.

I bought a one of a kind item on eBay. It was paid for and sent internationally. When the item got to the UK, Yodel picked it up. I’ve never had a good experience with Yodel but this was by far the worst.

I got a text message to say my parcel had been delivered while at work. I expected a card through my door to say it had been left with a neighbour. There was no card.

Luckily, I had the parcel number due to the text message. I checked online and it said the parcel had been delivered to the “Back Porch”. I don’t have a back porch. My back garden is inaccessible also. I checked with neighbours and they didn’t have it. Yodel said they would interview the driver. This went back and forth for a week. The driver insisted it was left on the back porch which frustrated me all the more.

Anyway, I basically demanded the driver come to explain himself. He did so (which I was very surprised at Yodel putting an employee in such a position, I could have been a psycho and best him up or worse). He said he left my parcel in the recycle bin. This bin was full of rubbish from a renovation I did and was still full, so I know this wasn’t the case. He couldn’t explain why he said he left it in the back porch. He offered me £50 of his own money to drop the complaint. This obviously wasn’t good enough and I found it insulting. He begged me but I refused.

Yodel have said they are investigating and the driver will be dealt with. I have my doubts, as I firmly believe the parcel has been stolen though I can’t prove this as I only have circumstantial evidence.

Yodel have also said they are not liable, despite the admission of the driver that he left the parcel in a bin, the card was not left, and the online tracking said it was left in a place that did not exist.

The eBay seller is not from the UK and has basically said he can see the parcel has been delivered. Why should he believe me and refund me?

What can I do?

davidmcn

Dispute it via eBay, surely? If the only delivery confirmation is "dumped in the porch" then I think that's the seller's problem.

theonlywayisup

davidmcn wrote: »

Dispute it via eBay, surely? If the only delivery confirmation is "dumped in the porch" then I think that's the seller's problem.

Sadly (for the buyer) it is enough for the seller to win a case with both eBay and Paypal. If the tracking shows as delivered (regardless of where) the system will automatically close in the seller's favour.

The OP can open a case which will be ruled in favour of the seller and then appeal the case with the evidence he has.

Usually in situations like this the buyer is refunded from eBay's own money, so I would suggest opening the case with eBay rather than Paypal.

OP, I would explain to the seller what has happened and let him know you are opening a case with eBay to flag the delivery as being insecurely left. Ask the seller to dispute the issue with the carrier (you have no contract with them and will not be able to make a claim). Hopefully you can get the seller onside and a resolution can be made.

Gavin83

garythehutch wrote: »

Yodel have also said they are not liable, despite the admission of the driver that he left the parcel in a bin, the card was not left, and the online tracking said it was left in a place that did not exist.

Not liable to you, their contract isn't with you. You need to chase the seller. You say they're international, where are they based?

I agree with the other posters, as a first step you need to chase this through eBay.

davidmcn

Even if not liable via eBay's system, it doesn't mean the seller isn't liable to you for failing to deliver the item. Obviously more fiddly to pursue them if they're overseas though.

garythehutch

Thanks for all the replies. This issue is still on my mind. The seller is in the US. I have contacted him and he wishes me luck. I don’t want to put him through something that he hasn’t had a fault with - the rules around this favour the courier so much. It’s morally wrong - the amount of hoops you have to jump through is ridiculous.

Yodel have responded that they plan to defend my claim in court. Likely they’ll simply say that the contract isn’t with me, it is with the seller.

I have video evidence of the driver going through my bin where he claimed he left it (the bin was still full so he could t have left it there) which means Yodel took action on my property, you could argue post “delivery”.

It’s an absolute mess, it really is.

boo_star

garythehutch wrote: »

Thanks for all the replies. This issue is still on my mind. The seller is in the US. I have contacted him and he wishes me luck. I don’t want to put him through something that he hasn’t had a fault with - the rules around this favour the courier so much. It’s morally wrong - the amount of hoops you have to jump through is ridiculous.

Yodel have responded that they plan to defend my claim in court. Likely they’ll simply say that the contract isn’t with me, it is with the seller.

I have video evidence of the driver going through my bin where he claimed he left it (the bin was still full so he could t have left it there) which means Yodel took action on my property, you could argue post “delivery”.

It’s an absolute mess, it really is.

You really should drop the SCC action, you won't win it for the reasons you've specified.

It's just flushing money down the drain.

theonlywayisup

garythehutch wrote: »

Thanks for all the replies. This issue is still on my mind. The seller is in the US. I have contacted him and he wishes me luck. I don’t want to put him through something that he hasn’t had a fault with - the rules around this favour the courier so much. It’s morally wrong - the amount of hoops you have to jump through is ridiculous.

Yodel have responded that they plan to defend my claim in court. Likely they’ll simply say that the contract isn’t with me, it is with the seller.

I have video evidence of the driver going through my bin where he claimed he left it (the bin was still full so he could t have left it there) which means Yodel took action on my property, you could argue post “delivery”.

It’s an absolute mess, it really is.

Did you do as I mentioned in my post above? Appealing the case with your evidence is certainly a way you should contemplate going, it's not going to cost you anything.

Keep_pedalling

boo_star wrote: »

You really should drop the SCC action, you won't win it for the reasons you've specified.

It's just flushing money down the drain.

I disagree, a lack of contract does not protect them from an act of dishonesty or negligence causing the OP a loss. This was not simply lost in transit, which would have seen the OP get their money back, they have stated that it was delivered and the OP has the proof that this is not the case.

We don’t know the value of the item, but a small claims case costs very little so I think still worth perusing.

DoaM

Pursuing against whom? If the OP didn't engage Yodel (he didn't) then he has no contract with Yodel therefore has no valid claim against them. His only claim is against the seller - good luck in bringing an out of jurisdiction claim against a US seller.

garythehutch

Duty of care is common law, they had a duty to care for my parcel and they didn’t. The attitude of “you’re screwed, just drop it” is why these companies get away with this !!!!!!!!.

Yes, the value is quite significant.

Plus, their claim is that the parcel was left in the bin. I didn’t give them any right to go into my bin area (fenced off) and put the parcel there. So technically, they’ve done something (or haven’t, if they’re lying) on my property with my parcel.