Engagement ring delivered to incorrect address

the_lunatic_is_in_my_head

williamgriffin said:

simonefox said:

williamgriffin said:

justworriedabit said:

simonefox said:

justworriedabit said:

Simon, I've edited my message a bit more added.
I hope it all works out an I can relate to the stress etc you are facing
good luck.

Ahh thank you so much you’ve been great. No EJ website states the item will
need a signature due to the value. By the time it’s in the ring box, then the delivery box I imagine the parcel will be far to bulky. 

Thank you for your kind words, appreciated.
It will take a little longer, but one way or another IMO you should get your money back at the very least from the delivery firm.
I said earlier that it may be lost in the system but the picture of the closed door and no package means the delivery people need to pay up. 
Try and speak with if possible some nice, understanding person at the delivery company, tell them in concise format what is what, the evidence you have been given -  you put the wrong house number but the fact is they have no evidence of delivering it,
so I guess they will pay up.
I know you will, but stay calm and polite with the companies as it really helps.
Good luck I hope it is now sorted soon.

Why would the delivery company refund the OP?

Because they are at fault for not delivering the parcel, and it magically disappearing....

EJ can replace/refund the item then claim the loss from DX

@Pollycat@Pollycat both EJ and DX can discuss this issue with me as my partner has called both companies and gave permission for me to deal with this on his behalf  

But your partner has no contract with DX, they owe him nothing and shouldn't be speaking to either of you. 

It's correct the OP and their partner doesn't have a contract with the courier and that the courier has no obligation towards them.

They are however free to speak to the OP (we aren't living in China), what they may divulge will depend upon the agreement they (DX) have with their client (EJ), which I presume you are not privy to. 

the_lunatic_is_in_my_head

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

The goods haven't come into the possession of the OP's partner so they are still at the trader's risk. 

unholyangel said:

29Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

Notice it doesn't say when delivered to the provided address, or anything like that. It says the consumer or a person identified by the consumer. 

That has not happened so goods are still at the traders risk

Wasn't there an almost identical thread hanging on this point a couple of months ago?

Anyone remember the outcome?  If there was one.

I don't think we got a follow up from the OP in that other thread to say what happened. 

gettingtheresometime

I know this is a bit of one of those hindsight is 20:20 comments but if your partner knew he'd put the wrong number down why didn't he go and have a word with the neighbours then, explain the situation and ask them to take in the parcel for him?

Manxman_in_exile

I think the major difficulty here is going to be if the evidence of delivery remains inconclusive.  I wouldn't want to move to a new address and find that one of my first interactions with the new neighbours was to suggest they were guilty of theft - which some posters here seem to be implying...

EDIT:  If the neighbour claims they refused delivery, is it known for certain whether this is true or not?  Is the OP absolutely sure it's not on it's way back to EJ?  (I ask because you do hear of a scam where something is delivered to you that you know nothing about and then someone turns up claiming it has been delivered to you "by mistake".  If I had not been able to refuse it - eg came through letterbox - I'd deny all knowledge of it when someone turned up while arranging its return to its sender).

simonefox

so the DX delivery driver has clearly not followed the correct procedure as proven in the above photos. 

DX have said they will open an investigation once they have permission from EJ, But the awful team leader from EJ dealing with the case is refusing to do so. The same lady who spent 50 minutes telling me they couldn’t provide a photo and telling me I need to resolve the issue with DX

the_lunatic_is_in_my_head

Is the white door the one you knocked on ask for the parcel?

If so you can send EJ a letter in the post outlining that the goods have not been received by you and remain at the trader's risk until they come in to your possession with a quote of the regulations from my previous post.

Advise they have 14 days to either refund in full or replace the ring otherwise you will file through small claims. There are templates online for a Letter Before Action. 

The person you are talking to EJ clearly isn't interested in resolving this, they tactic will likely be to make life difficult in the hope that you go away. 

simonefox

the_lunatic_is_in_my_head said:

Is the white door the one you knocked on ask for the parcel?

If so you can send EJ a letter in the post outlining that the goods have not been received by you and remain at the trader's risk until they come in to your possession with a quote of the regulations from my previous post.

Advise they have 14 days to either refund in full or replace the ring otherwise you will file through small claims. There are templates online for a Letter Before Action. 

The person you are talking to EJ clearly isn't interested in resolving this, they tactic will likely be to make life difficult in the hope that you go away. 

Yes that’s where it was apparently delivered to. But that photo just proves the delivery man went to the front door, not that he delivered the item. 

My partner has sent a  letter, and is sending a final letter before action on Monday. 

I thought as much, with the evidence we have I just dont think they have a valid argument that the ring was ever delivered. I think she is just trying to get rid of us to save the hassle. 

Trying to keep a women from her engagement ring is never going to be easy ha

Spank

I think that's the op's door, IIRC they said that the photo was taken form the neighbours.

simonefox

Spank said:

I think that's the op's door, IIRC they said that the photo was taken form the neighbours.

No it’s the apparent delivery door. That’s the photo provided by DX as proof of delivery 

Spank

simonefox said:

Spank said:

I think that's the op's door, IIRC they said that the photo was taken form the neighbours.

No it’s the apparent delivery door. That’s the photo provided by DX as proof of delivery 

Yeah that's what I meant, but it was taken from next door