Parcel delivered to wrong address, what can I do?

greensalad

I know I made a complete mistake. I ordered some sunglasses and filled out my new address but then paid with PayPal and didn't realise I hadn't updated my address there. As soon as the order confirmation page popped up I realised my mistake. I contacted the company 30 seconds after the order was placed to request cancellation or a delivery address change. There was no way to contact them quickly other than email. No customer service number I could call. I also contacted them on social media.

I received a reply the morning after saying they would contact the delivery company to divert the parcel and keep me updated. 

This was 3 days ago and evidently they didn't because I got a note that the parcel was delivered. I've been trying to get in contact with the landlord to arrange to collect them but no luck. 

Have I just lost a load of money? I know I made a mistake, but I did my due diligence and contacted the company as soon as possible after the order. They said it wasn't cancellable at all which is really frustrating.

powerful_Rogue

greensalad said:

I know I made a complete mistake. I ordered some sunglasses and filled out my new address but then paid with PayPal and didn't realise I hadn't updated my address there. As soon as the order confirmation page popped up I realised my mistake. I contacted the company 30 seconds after the order was placed to request cancellation or a delivery address change. There was no way to contact them quickly other than email. No customer service number I could call. I also contacted them on social media.

I received a reply the morning after saying they would contact the delivery company to divert the parcel and keep me updated. 

This was 3 days ago and evidently they didn't because I got a note that the parcel was delivered. I've been trying to get in contact with the landlord to arrange to collect them but no luck. 

Have I just lost a load of money? I know I made a mistake, but I did my due diligence and contacted the company as soon as possible after the order. They said it wasn't cancellable at all which is really frustrating.

Unfortunately your only option is to keep on at trying to contact the landlord.

Manxman_in_exile

I think you are probably stuck.  Your best bet is to keep trying your old landlord.

A chargeback won't work because they were delivered to the address* that you gave them (by default).  And even if they cost >£100 I don't think a s75 claim would work as - again - they were delivered to the address* you had agreed to.

A very, very slim and remote chance you might have is this:  When you contacted the retailer, did you just ask them to change the delivery address, or did you tell them you were cancelling the contract?

I think that if you made it clear you were cancelling the contract, then if they told you the purchase "wasn't cancellable at all", they probably were not telling you the truth - unless one of the exceptions to cancellation of a distance sale applies.

I'm not saying it necessarily gives you a get out, but the rules regarding cancellation and the information traders have to give you pre-contract about your cancellation rights are things that traders do sometimes get wrong.

But I don't think you have much hope if you did not even make it clear you were cancelling, not just changing delivery address.

[Edit:  Re-reading I see that you emailed them asking them either to cancel or to change address.  Unless one of the statutory exceptions to cancellation applied, you should simply have told them you were exercising your statutory right to cancel or withdraw from the contract... ]

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

the_lunatic_is_in_my_head

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

powerful_Rogue

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

Totally disagree.

Goods can only come into the physical poesssession if you provide an address for that the happen. The OP provided an incorrect address - That is not the fault of the company.

soolin

I don’t see how providing the wrong address can in any way mean supplier is liable for loss when that address is used and a delivery successful.  When using PayPal the sender must use the address provided by PayPal , if they use any other address then they would not be able to defend an INR claim. 

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

Totally disagree.

Goods can only come into the physical poesssession if you provide an address for that the happen. The OP provided an incorrect address - That is not the fault of the company.

@the_lunatic_is_in_my_head is going to fund this to prove his point.

So you think all sales contracts for goods include a delivery address? 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

Totally disagree.

Goods can only come into the physical poesssession if you provide an address for that the happen. The OP provided an incorrect address - That is not the fault of the company.

@the_lunatic_is_in_my_head is going to fund this to prove his point.

So you think all sales contracts for goods include a delivery address? 

I'm talking about this instance where the OP has ordered something online to be delivered to the address given.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

Totally disagree.

Goods can only come into the physical poesssession if you provide an address for that the happen. The OP provided an incorrect address - That is not the fault of the company.

@the_lunatic_is_in_my_head is going to fund this to prove his point.

So you think all sales contracts for goods include a delivery address? 

I'm talking about this instance where the OP has ordered something online to be delivered to the address given.

I know you were but that's the point, the CRA wasn't written for this instance, it was written for all sales contracts, if the trader wishes to conduct business in a manner which means they are unable to ensure physical possession in their presence at the point the contract is form then it is the trader who bears all risk until the point of physical possession, that could be the courier losing the parcel, it could be someone else intercepting the parcel, it could be the customer giving erroneous data. 

The fundamental principle missed is that consumer rights afford the consumer a significant advantage but some can't get past something seeming "morally wrong" because it "should" have been the consumer's responsibility despite the regs affording them the luxury of it not being.   

I'm sure you disagree again but I don't have anything further to add that hasn't been said in previous threads on the topic in which we've both responded   

MarvinDay

the_lunatic_is_in_my_head said:

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

I'm one of those who will disagree with you.
As neither Royal Mail nor any of the major courier companies deliver to a specific person, simply to a given address then if what you think is true, what would stop me from ordering expensive items from multiple retailers and getting them delivered to my house whilst I'm not there but someone else is, someone who is untrustworthy and who would steal the goods before they came into my physical possession?

If what you have quoted above was taken literally then although the goods were delivered to the correct address, I would have no problem getting a full refund from the sellers although they had done exactly what I requested of them.
After all, in the vast majority of postal deliveries, what proof is there that the person who ordered and paid for the goods actually received them? All there may be is proof of delivery to the nominated address.

Money_Grabber13579

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

*You didn't do your "due diligence" though, did you?  That's why they were sent to the wrong address.  If you had done "due diligence" you would have specified the correct address.

To be fair to the OP here they filled out their current address on the trader's website but the trader then used an address attached to their payment method for delivery.

Aside from the OP's mistake, there are plenty of sites that ask for both delivery and billing addresses, it's understandable that if a customer enters their delivery address on the trader's site that is where they would expect it to be delivered to.

It could be viewed differently if you simply clicked a "Pay with Paypal" button and all the data for the order was pulled from Paypal as part of their checkout flow. 

But I don't think any of it matters as we come back to our old friend passing of risk and the goods are unlikely to have come into physical possession of the OP if they don't live at the address they've been delivered to.

I'm sure there could be a 14 page debate on the matter but ultimately it is the trader's obligation to ensure the goods reach the consumer into their physical possession, if they don't wish to verify data they accept or make checks upon delivery that is their risk to bear.

OP assuming a UK company send them a letter before action (templates on Google) quoting the below:

https://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.

(I assume you didn't arrange the courier nor request one specifically that the trader doesn't name)

If that doesn't yield a result you have the option of small claims which would depend upon the value, my view is the above covers you (some will disagree). 

How much verification of data do you think they should do? They asked the customer where they wanted them sent, the customer supplied an incorrect address and that’s where the supplier sent them.

Do you think traders are expected to follow up at a later data and ask them to confirm the address? What is the customer isn’t paying attention and inadvertently confirms the incorrect address? Should they hire a detective to ensure that the address really is correct before sending the goods?

At the end of the day, if the customer supplies an incorrect address and that is where the supplier sends the goods, the supplier is not going to be held liable for the customer not receiving the goods. Expecting anything else would just be ridiculous.