Yodel lost parcel - suspected stolen

DoaM

What you say is true .. but other than a possible claim you may have against them for trespass they have no duty of care to YOU - their duty was to the person who engaged their services.

I'm sorry that this isn't what you want to hear, but it is the truth.

garythehutch

No. They have duty of care to the items which were my possessions.

They can’t get away with what they’ve done because I didn’t send the item. I’m literally at a dead end.

And this is all their admission by the way.

Comms69

garythehutch wrote: »

No. They have duty of care to the items which were my possessions.

They can’t get away with what they’ve done because I didn’t send the item. I’m literally at a dead end.

And this is all their admission by the way.

They weren't your possessions.

DoaM

Comms69 wrote: »

They weren't your possessions.

Exactly. Until they were IN your possession they weren't YOUR possessions - title doesn't transfer from seller to buyer until delivery is complete. Yodel's only duty of care was to their customer - who was not you.

You can trot out your "duty of care" line as much as you like - you'll always still be wrong.

theonlywayisup

garythehutch wrote: »

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.

It has been explained that the contract is between the seller and delivery company not you. But I do want to highlight one part and point out that several times I have said you should appeal the case with your evidence. Have you done that?

maisie_cat

If the value is high don't paypal/ebay require a signature as well as online tracking?

theonlywayisup

maisie_cat wrote: »

If the value is high don't paypal/ebay require a signature as well as online tracking?

High = £750 or more = Signature required. Under that, no.

Regardless, the signature (could say Mickey Mouse) will count as delivery apropos a INR case. Only the appeal of the case would mean a human would check to see what evidence there is to substantiate a delivery to the correct address. Unfortunately the OP seems deaf to that suggestion.

garythehutch

Comms69 wrote: »

They weren't your possessions.

By that logic, despite paying for the goods with currency, getting a reciept for said purchase, the goods still were owned by the seller - meaning they have no obligation to give me the goods because, afterall, they are not my possessions. Sorry, don’t buy it.

I need to reiterate a point too, Yodel have said they were in my possession. That’s the whole point. They first said it was delivered with a neighbour (admittedly this is a minor point which is why I didn’t mention it in the original post), then they said it was in my back porch (which I don’t have, but if I did would still be on my property), then the driver said it was left in my bin in my bin area (in my property).

To answer the question about the appeal, which, apologies, I thought I had made clear that I have no grounds to appeal because the goods were “delivered” and eBay’s appeal system would automatically reject the case - and therefore would not pass on the claim to Yodel, which would leave me in the exact position I am now. I even think another poster has points this out.

I must admit; reading this it seems that there’s no empathy to my position - and that’s fine I suppose, I would just hope this would never happen to you guys as it’s really a helpless situation. To find yourself in.

If I am missing something, I’d appreciate someone finishing these steps.

1. Appeal via eBay
2. eBay reject due to “proof of delivery”
3. eBay close case due to rejection
4. Yodel are never asked to investigate/compensate by eBay
5. I still don’t have parcel/compensation
6. ????

EDIT: By the way, just for the avoidance of doubt, despite all of this, and Yodel’s admission that something is very fishy about it all, they haven’t offered me 1p of compensation... and for anyone arguing that that’s because the seller is the one with the contact, well, they haven’t offered them any compensation either.

Gavin83

garythehutch wrote: »

I must admit; reading this it seems that there’s no empathy to my position - and that’s fine I suppose, I would just hope this would never happen to you guys as it’s really a helpless situation. To find yourself in.

What exactly are you looking for? I don't think anyone has particularly lacked empathy here, it's a rubbish situation to be in but I've no idea what you want people to say. You've been given advice, you've been told what to do next but you don't seem to like the answers. Maybe if you tell us what you want us to say we can say it and make you feel better.

garythehutch wrote: »

EDIT: By the way, just for the avoidance of doubt, despite all of this, and Yodel’s admission that something is very fishy about it all, they haven’t offered me 1p of compensation... and for anyone arguing that that’s because the seller is the one with the contact, well, they haven’t offered them any compensation either.

Has the seller actually attempted to claim for a lost parcel? Did they have insurance on the package to the appropriate value?

In all honesty it's all irrelevant to you anyway, you still need to claim from the seller, not Yodel.

davidmcn

garythehutch wrote: »

By that logic, despite paying for the goods with currency, getting a reciept for said purchase, the goods still were owned by the seller - meaning they have no obligation to give me the goods because, afterall, they are not my possessions.

No, they have an obligation to deliver the goods to you, but that doesn't mean the goods became your property (or that you took on the risk) before they were actually delivered to you.

Sorry, don’t buy it.

Not sure why you came here for advice if you don't want to listen to it. Like I said, your remedy is against the seller.