Item ordered which Evri delivered and has Gonerby missing

Meleelord

Hello all, 

I am looking for some advice. 

I made an online order from a small retailer, the parcel was delivered by Evri and left outside my block of flats, no attempt was made to buzz us on the door as we were in at the time. Upon finding the out it was left outside (there was an image on the delivery on the street) I went to check and found it was not there. 

I got in touch with Evri, they sent me basically an automated response which said to get in touch with the retailer, which I then did. The retailer then said it would take up to 14 days to conduct an investigation and couldn't refund/replace the item until they heard back from Evri. I chased up a couple of times just to get an update, after 14 days I made a claim through PayPal, I then finally get an answer from the retailer after 18 days through PayPal to say that Evri have insisted that it was delivered and that there was nothing they could do. So the retailer has basically said they cannot do anything and I'm still waiting for PayPal to decide on the conclusion of the case.

What are my rights as it basically feels like I'm going to be at a loss now for something which was out of my hands. 

Thanks all. 
Dom

Aylesbury_Duck

Your consumer rights lie with the retailer.  The item remains their responsibility until it's in your possession, not left on your doorstep.  As such, it's their job to chase the courier and investigate, they shouldn't be referring you to Evri.

How much was it, and how did you pay?  You will probably have options such as chargeback.

Meleelord

Aylesbury_Duck said:

Your consumer rights lie with the retailer.  The item remains their responsibility until it's in your possession, not left on your doorstep.  As such, it's their job to chase the courier and investigate, they shouldn't be referring you to Evri.

How much was it, and how did you pay?  You will probably have options such as chargeback.

So I originally contacted Evri and they then said that I need to contact the retailer.

The retailer have said that they have heard back from Evri and they are insisting it was delivered. The retailer is now saying they cannot give me a refund or replacement.

It was for the sum of £68.40, and I paid through PayPal with my credit card. I've still got an open case with PayPal but I'm unsure what the outcome will be as the tracking information says delivered, but was clearly left outside in the street. 

Aylesbury_Duck

Paying through paypal breaks the link with a card, which is a shame because chargeback would have been an option to explore.  All you can do is await paypal's verdict.  If it goes against you, you'll have to decide whether it's worth considering small claims court for what is a relatively small sum.  At the very least, a letter before action to the retailer threatening court action might generate some action.

born_again

Aylesbury_Duck said:

Paying through paypal breaks the link with a card, which is a shame because chargeback would have been an option to explore.  All you can do is await paypal's verdict.  If it goes against you, you'll have to decide whether it's worth considering small claims court for what is a relatively small sum.  At the very least, a letter before action to the retailer threatening court action might generate some action.

Not always as far as chargebacks go. But as there is proof of delivery It's a non starter. 

oldagetraveller1

"the parcel was delivered by Evri and left outside my block of flats, no attempt was made to buzz us on the door as we were in at the time. Upon finding the out it was left outside (there was an image on the delivery on the street)"

Does just dumping outside and taking a picture now constitute proof of delivery?

I'm sure the parcel had a printed label with the name of the recipient thereon? Said recipient hasn't received the delivery, not delivered surely?

I had an Evri "delivery" recently. Nobody available to receive it. There's a paved area at the front of the house and the parcel was dumped in the centre of that, on full view. Fortunately it was still there when somebody arrived home. Tracking showed delivered with a picture. That picture showed the parcel only and not where it had been left. Would it have also been classed as delivered if someone had nicked it?

born_again

oldagetraveller1 said:

"the parcel was delivered by Evri and left outside my block of flats, no attempt was made to buzz us on the door as we were in at the time. Upon finding the out it was left outside (there was an image on the delivery on the street)"

Does just dumping outside and taking a picture now constitute proof of delivery?

I'm sure the parcel had a printed label with the name of the recipient thereon? Said recipient hasn't received the delivery, not delivered surely?

I had an Evri "delivery" recently. Nobody available to receive it. There's a paved area at the front of the house and the parcel was dumped in the centre of that, on full view. Fortunately it was still there when somebody arrived home. Tracking showed delivered with a picture. That picture showed the parcel only and not where it had been left. Would it have also been classed as delivered if someone had nicked it?

As far as a chargeback goes YES. All they need to do is prove delivery of item.
Just what PayPal will do. I don't know.

TELLIT01

When I was expecting a delivery I had an e-mail giving various options of where it could be left if I wasn't in.  If I didn't tick to accept any of those options I would expect a card to be left and the package taken back to the depot.  Just dumping a parcel on a doorstep is not acceptable.

eskbanker

born_again said:

oldagetraveller1 said:

"the parcel was delivered by Evri and left outside my block of flats, no attempt was made to buzz us on the door as we were in at the time. Upon finding the out it was left outside (there was an image on the delivery on the street)"

Does just dumping outside and taking a picture now constitute proof of delivery?

I'm sure the parcel had a printed label with the name of the recipient thereon? Said recipient hasn't received the delivery, not delivered surely?

I had an Evri "delivery" recently. Nobody available to receive it. There's a paved area at the front of the house and the parcel was dumped in the centre of that, on full view. Fortunately it was still there when somebody arrived home. Tracking showed delivered with a picture. That picture showed the parcel only and not where it had been left. Would it have also been classed as delivered if someone had nicked it?

As far as a chargeback goes YES. All they need to do is prove delivery of item.
Just what PayPal will do. I don't know.

Just to be clear, there are two separate questions being conflated here:

1. Does a photo of goods outside a property prove delivery?
2. Is it enough to negate a chargeback claim?

You're answering q2 as 'yes', but the answer to q1 (from a consumer rights perspective) remains a solid 'no'!

The_Unready

No help to this discussion, but I'm curious to know what lunatic auto-correct function would suggest 'Gonerby'  (possibly from Great Gonerby in Lincs?) instead of 'gone'? Weird!

Sometimes I just look through the forum for similar auto-corrections, some of which can be unintentionally hilarious!

born_again

eskbanker said:

born_again said:

oldagetraveller1 said:

"the parcel was delivered by Evri and left outside my block of flats, no attempt was made to buzz us on the door as we were in at the time. Upon finding the out it was left outside (there was an image on the delivery on the street)"

Does just dumping outside and taking a picture now constitute proof of delivery?

I'm sure the parcel had a printed label with the name of the recipient thereon? Said recipient hasn't received the delivery, not delivered surely?

I had an Evri "delivery" recently. Nobody available to receive it. There's a paved area at the front of the house and the parcel was dumped in the centre of that, on full view. Fortunately it was still there when somebody arrived home. Tracking showed delivered with a picture. That picture showed the parcel only and not where it had been left. Would it have also been classed as delivered if someone had nicked it?

As far as a chargeback goes YES. All they need to do is prove delivery of item.
Just what PayPal will do. I don't know.

Just to be clear, there are two separate questions being conflated here:

1. Does a photo of goods outside a property prove delivery?
2. Is it enough to negate a chargeback claim?

You're answering q2 as 'yes', but the answer to q1 (from a consumer rights perspective) remains a solid 'no'!

1, as far as chargeback go = Yes.
2. As above.

As far as consumer rights go. 1. it says has to be in purchasers possession (pretty sure that has been stated by other posters). Not sure if this has ever been tested in court? Or at least no one has ever said they have won a case on the basis, despite courier providing photo proof of deliver.