Item ordered which Evri delivered and has Gonerby missing

oldagetraveller1

As far as I'm concerned a picture of a parcel outside a property would not be proof of delivery.

In  the example re my delivery there was no context as to where the parcel was. It could have been on any area of block paving and that would constitute proof as far as Evri were concerned - crazy.

As in the O.P.'s case and living in a block of flats, the picture taken outside that building cannot prove full delivery. It was delivered, yes, but to a place outside a block of flats.

There can be no reason whatsover now not to obtain a signature receipt, you know, like it was before the "new normal"!

Alderbank

A picture taken on a smartphone is more than just the image.
The metadata tells you the time it was taken and the exact location as well as other bits of information such as aperture size and shutter speed.
Many people don't realise how much information is captured. Google is your friend if you don't know how to display it on your phone model.

TripleH

Houses are more clear-cut but to my mind a block of flats could be 2 flats or 200. So a delivery outside the building on the door step to a block of 200 is not deliveredin my eyes regardless of if its the correct building.

It would be interesting to hear the law's definition of delivery (if there is one).

Manxman_in_exile

Meleelord said:

...

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

Your rights are contained here:  Consumer Rights Act 2015 (legislation.gov.uk)

As you can see, s29 of the Act says that goods remain at the trader's risk until they are delivered into your "physical possession".  (This basically means that if the goods "go missing" before you've received them, they are still the trader's responsibility

Point out to the trader that Evri's photo of an unattended parcel left outside the main door of a block of flats does not constitute evidence of delivery into your physical possession, as required by the legislation.

Tell the trader that you want either a full refund (including any delivery costs you paid on the original failed delivery) or a replacement item.  Point out to them that the loss of the item is for them and Evri to resolve.  The law confirms that that is between them and Evri, and of absolutely no concern to you.

Meleelord

Manxman_in_exile said:

Meleelord said:

...

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

Your rights are contained here:

As you can see, s29 of the Act says that goods remain at the trader's risk until they are delivered into your "physical possession".  (This basically means that if the goods "go missing" before you've received them, they are still the trader's responsibility

Point out to the trader that Evri's photo of an unattended parcel left outside the main door of a block of flats does not constitute evidence of delivery into your physical possession, as required by the legislation.

Tell the trader that you want either a full refund (including any delivery costs you paid on the original failed delivery) or a replacement item.  Point out to them that the loss of the item is for them and Evri to resolve.  The law confirms that that is between them and Evri, and of absolutely no concern to you.

Thank you, I am going to use this as my reply to the seller.

Overall this experience has been stressful for me and I can't afford to lose that money at the moment.

The seller provided no proof of their conversation with Evri, I only have their word to go by. 

Thank you everyone for your responses, it's great to know there is support out there. 

Manxman_in_exile

Make sure you quote that legislation to them or provide them with the link.

The thing you need to be firm about is that the law makes it perfectly clear that the goods remain the seller's responsibility until the goods have been delivered into your "physical possession".

If the goods have gone "walkabout" because they weren't delivered properly by Evri, then the seller must take Evri to task over that - it's not your problem that the seller uses an incompetent courier. You are entitled either to a replacement (properly delivered) or to a refund from the seller.

Meleelord

Manxman_in_exile said:

Make sure you quote that legislation to them or provide them with the link.

The thing you need to be firm about is that the law makes it perfectly clear that the goods remain the seller's responsibility until the goods have been delivered into your "physical possession".

If the goods have gone "walkabout" because they weren't delivered properly by Evri, then the seller must take Evri to task over that - it's not your problem that the seller uses an incompetent courier. You are entitled either to a replacement (properly delivered) or to a refund from the seller.

I sent this to them and an hour later I received an automated response to say they are away until 1st September. It seems a bit suspicious as their website is still running with no warning messages of no orders being accepted at the moment. 

Manxman_in_exile

Hmmm.

How small a retailer are they?

If they are quite small it's quite possible that they may be away on holiday until September.  Or maybe they aren't...

Assuming you've already had several communications with them, and they've so far refused to recognise their legal responsibilities, you could either send them a Letter Before Action now, or wait until September.  (I would probably wait until September so they can't argue you've acted unfairly after they've told you that they are away).  In the letter you explain what you are claiming for and why (quote the law) and give them 14 days either to pay up or to supply a replacement, or you will issue a court claim against them for the full amount you have paid them plus court claim filing fees.

That might be enough to persuade them to pay up.  But if they don't you then have to decide whether to follow up the threat to sue.

What you have to remember is that even if you win a court case, you still have to get your money out of the defendant.  Only you can decide if it's worth the hassle* for £70 plus a filing fee you might not get back...

*On the positive side, I understand the moneyclaim process is relatively straightforward to do your self.

(Edit:  As @born_again has explained, a chargeback is probably a non-starter because Evri have "proof" of delivery.  Proof of delivery anywhere at all (even to the wrong address!!!) will defeat a chargeback.  i have no idea at all if you have aremedy against Paypal)