Parcelforce lost parcel neighbour

sheramber

Manxman_in_exile said:

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

What strikes me most about this is that the neighbour (according to the OP's account anyway) doesn't deny that the package was left with them.  Their first reaction appears to have been that they were concerned that they may have thrown it away or taken it to their new house...

If I'd been the neighbour and I didn't know anything about the delivery my first reaction would have been "They never delivered it to me!" and not "Oh dear - what could I have done with it?"

If the neighbour hasn't outright denied receiving the parcel (and the OP's account seems remarkable to me for the absence of such a denial by the neighbour) then I don't know what the OP should do.  If I were the OP I'm not certain that I would feel entirely comfortable in these circumstances trying either to claim a chargeback or to complain to the trader.

If the delivery company are lying, then fair enough.  But if I'm not sure whether the neighbour has just "lost" it, then I'm not so clear...

I agree the current law about "delivering into the physical possession etc" makes all this very difficult for everybody.

What is remarkable?  The neighbour took it, and lost it.  That's not in question.  The neighbour is happy to admit this to the OP....

Apologies if I've missed it but I've not read that the neighbour has actually admitted accepting the parcel.  Have I missed that?

The OP (as far as I can recall) has not explicitly stated whether the neighbour has admitted to accepting the parcel or not.  All they've said is that they went into panic mode.  One could infer from that that the neighbour admits receivng the parcel, but as I suspect English may not be the OP's first language, that might not be what the OP actually meant or what their neighbour said.

Also, I'm not saying that there is any suggestion that the delivery company is lying.  My point is that assuming that the delivery company is telling the truth and that the parcel was delivered into the neighbour's safekeeping (and the neighbour has lost it), then I don't think that the OP has a strong case on moral or ethical grounds to claim off either their bank or the trader, irrespective of what the law says...

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

You may be better organised than most people, but I can assure I have no problems believing that people could lose stuff when moving, whether their own, or somebody else's.  I've done it often enough myself with my own property.  Sometimes it turns up years later, sometimes it doesn't.

Perhaps I am better organised than most people, but I lose stuff belonging to me all the time.  However, I've never lost anything that belonged to somebody else or that had been delivered into my care on behalf of a neighbour.  Because it doesn't belong to me I would take better care of it than I would one of my own possessions.

And if I'd lost something in the circumstances described by the OP, then I'd be offering to reimburse the OP if it had clearly been my fault.

In the first post

Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people).

If they hadn't received it surely they would have  said so, not that they could not find it.

Ath_Wat

Manxman_in_exile said:

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

What strikes me most about this is that the neighbour (according to the OP's account anyway) doesn't deny that the package was left with them.  Their first reaction appears to have been that they were concerned that they may have thrown it away or taken it to their new house...

If I'd been the neighbour and I didn't know anything about the delivery my first reaction would have been "They never delivered it to me!" and not "Oh dear - what could I have done with it?"

If the neighbour hasn't outright denied receiving the parcel (and the OP's account seems remarkable to me for the absence of such a denial by the neighbour) then I don't know what the OP should do.  If I were the OP I'm not certain that I would feel entirely comfortable in these circumstances trying either to claim a chargeback or to complain to the trader.

If the delivery company are lying, then fair enough.  But if I'm not sure whether the neighbour has just "lost" it, then I'm not so clear...

I agree the current law about "delivering into the physical possession etc" makes all this very difficult for everybody.

What is remarkable?  The neighbour took it, and lost it.  That's not in question.  The neighbour is happy to admit this to the OP....

Apologies if I've missed it but I've not read that the neighbour has actually admitted accepting the parcel.  Have I missed that?

The OP (as far as I can recall) has not explicitly stated whether the neighbour has admitted to accepting the parcel or not.  All they've said is that they went into panic mode.  One could infer from that that the neighbour admits receivng the parcel, but as I suspect English may not be the OP's first language, that might not be what the OP actually meant or what their neighbour said.

Also, I'm not saying that there is any suggestion that the delivery company is lying.  My point is that assuming that the delivery company is telling the truth and that the parcel was delivered into the neighbour's safekeeping (and the neighbour has lost it), then I don't think that the OP has a strong case on moral or ethical grounds to claim off either their bank or the trader, irrespective of what the law says...

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

You may be better organised than most people, but I can assure I have no problems believing that people could lose stuff when moving, whether their own, or somebody else's.  I've done it often enough myself with my own property.  Sometimes it turns up years later, sometimes it doesn't.

Perhaps I am better organised than most people, but I lose stuff belonging to me all the time.  However, I've never lost anything that belonged to somebody else or that had been delivered into my care on behalf of a neighbour.  Because it doesn't belong to me I would take better care of it than I would one of my own possessions.

And if I'd lost something in the circumstances described by the OP, then I'd be offering to reimburse the OP if it had clearly been my fault.

They don't say it in words of one syllable, but at no point do they suggest the neighbour didn't receive it.  They asked them for it and they said they must have lost, not that they knew nothing about it.

I would also consider it to be my responsibility and pay for it; however, all I am saying is that I don't find it remotely difficult to believe that it happened.

Manxman_in_exile

sheramber said:

Manxman_in_exile said:

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

What strikes me most about this is that the neighbour (according to the OP's account anyway) doesn't deny that the package was left with them.  Their first reaction appears to have been that they were concerned that they may have thrown it away or taken it to their new house...

If I'd been the neighbour and I didn't know anything about the delivery my first reaction would have been "They never delivered it to me!" and not "Oh dear - what could I have done with it?"

If the neighbour hasn't outright denied receiving the parcel (and the OP's account seems remarkable to me for the absence of such a denial by the neighbour) then I don't know what the OP should do.  If I were the OP I'm not certain that I would feel entirely comfortable in these circumstances trying either to claim a chargeback or to complain to the trader.

If the delivery company are lying, then fair enough.  But if I'm not sure whether the neighbour has just "lost" it, then I'm not so clear...

I agree the current law about "delivering into the physical possession etc" makes all this very difficult for everybody.

What is remarkable?  The neighbour took it, and lost it.  That's not in question.  The neighbour is happy to admit this to the OP....

Apologies if I've missed it but I've not read that the neighbour has actually admitted accepting the parcel.  Have I missed that?

The OP (as far as I can recall) has not explicitly stated whether the neighbour has admitted to accepting the parcel or not.  All they've said is that they went into panic mode.  One could infer from that that the neighbour admits receivng the parcel, but as I suspect English may not be the OP's first language, that might not be what the OP actually meant or what their neighbour said.

Also, I'm not saying that there is any suggestion that the delivery company is lying.  My point is that assuming that the delivery company is telling the truth and that the parcel was delivered into the neighbour's safekeeping (and the neighbour has lost it), then I don't think that the OP has a strong case on moral or ethical grounds to claim off either their bank or the trader, irrespective of what the law says...

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

You may be better organised than most people, but I can assure I have no problems believing that people could lose stuff when moving, whether their own, or somebody else's.  I've done it often enough myself with my own property.  Sometimes it turns up years later, sometimes it doesn't.

Perhaps I am better organised than most people, but I lose stuff belonging to me all the time.  However, I've never lost anything that belonged to somebody else or that had been delivered into my care on behalf of a neighbour.  Because it doesn't belong to me I would take better care of it than I would one of my own possessions.

And if I'd lost something in the circumstances described by the OP, then I'd be offering to reimburse the OP if it had clearly been my fault.

In the first post

Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people).

If they hadn't received it surely they would have  said so, not that they could not find it.

And that's the point I was trying to make.  Although obviously not as clearly as I thought I had...

To spell it out - if it is the case that the parcel was delivered to the neighbour and the neighbour has lost it, then I think it is simply "wrong" for the OP to even consider trying to claim from the trader or from their bank, because the only party who is really at fault here is the neighbour.  It is they who are directly responsible for the OP's loss, not the OP's bank or the trader.

If I were a customer of the bank or of the trader, I would be extremely displeased to be subsidising the carelessness and/or stupidity of the OP's neighbour.

The OP's first post doesn't actually say that the neighbour acknowledges that they accepted the parcel - although that might be what the OP meant.  The first post is equally consistent with the OP's neighbour saying "I don't know if it was left with us or not.  I haven't seen it but perhaps it was left with one of the tradesmen carrying out the home improvements?" - neighbour shrugs shoulders but starts to worry that they may have lost a parcel belonging to the OP - although they can't be sure of that.

What seems odd to me is that the OP neither explicitly says that the neighbour knows and acknowledges that the parcel was left with them and that they've lost it, nor denies that they ever had it.  But I don't think English is the OP's first language so that subtlety might have eluded them...

Manxman_in_exile

Ath_Wat said:

Manxman_in_exile said:

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

What strikes me most about this is that the neighbour (according to the OP's account anyway) doesn't deny that the package was left with them.  Their first reaction appears to have been that they were concerned that they may have thrown it away or taken it to their new house...

If I'd been the neighbour and I didn't know anything about the delivery my first reaction would have been "They never delivered it to me!" and not "Oh dear - what could I have done with it?"

If the neighbour hasn't outright denied receiving the parcel (and the OP's account seems remarkable to me for the absence of such a denial by the neighbour) then I don't know what the OP should do.  If I were the OP I'm not certain that I would feel entirely comfortable in these circumstances trying either to claim a chargeback or to complain to the trader.

If the delivery company are lying, then fair enough.  But if I'm not sure whether the neighbour has just "lost" it, then I'm not so clear...

I agree the current law about "delivering into the physical possession etc" makes all this very difficult for everybody.

What is remarkable?  The neighbour took it, and lost it.  That's not in question.  The neighbour is happy to admit this to the OP....

Apologies if I've missed it but I've not read that the neighbour has actually admitted accepting the parcel.  Have I missed that?

The OP (as far as I can recall) has not explicitly stated whether the neighbour has admitted to accepting the parcel or not.  All they've said is that they went into panic mode.  One could infer from that that the neighbour admits receivng the parcel, but as I suspect English may not be the OP's first language, that might not be what the OP actually meant or what their neighbour said.

Also, I'm not saying that there is any suggestion that the delivery company is lying.  My point is that assuming that the delivery company is telling the truth and that the parcel was delivered into the neighbour's safekeeping (and the neighbour has lost it), then I don't think that the OP has a strong case on moral or ethical grounds to claim off either their bank or the trader, irrespective of what the law says...

Ath_Wat said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

You may be better organised than most people, but I can assure I have no problems believing that people could lose stuff when moving, whether their own, or somebody else's.  I've done it often enough myself with my own property.  Sometimes it turns up years later, sometimes it doesn't.

Perhaps I am better organised than most people, but I lose stuff belonging to me all the time.  However, I've never lost anything that belonged to somebody else or that had been delivered into my care on behalf of a neighbour.  Because it doesn't belong to me I would take better care of it than I would one of my own possessions.

And if I'd lost something in the circumstances described by the OP, then I'd be offering to reimburse the OP if it had clearly been my fault.

They don't say it in words of one syllable, but (i) at no point do they suggest the neighbour didn't receive it.  They asked them for it and (ii) they said they must have lost, not that they knew nothing about it...

The OP makes none of it clear. 

(i) they don't suggest that the OP didn't receive it, no.  But they don't confirm that they did receive it either.

(ii) they didn't say they must have lost it.  What the OP wrote is equally consistent with the neighbour becoming concerned that they may have lost something that they didn't know had been left with them...

Ath_Wat said:

I would also consider it to be my responsibility and pay for it; however, all I am saying is that I don't find it remotely difficult to believe that it happened.

Any right-minded person would pay for it.

I still find it difficult to believe...

diystarter7

Gavin83 said:

powerful_Rogue said:

user1977 said:

powerful_Rogue said:

sukh9292 said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

I dont think they will pursue with neighbour, they claimed they cant do nothing about as this is a civil matter. well i guess i'll try with bank otherwise i will just take the loss.

Food for thought. If they did contact your neighbour as that is where it was delivered and their GPS etc shows that, and your neighbour says 'I'm so sorry, we took the item in but lost it. We told @sukh9292 that' - Could that then open up a potential criminal case for fraud by false representation?

Even if the police were interested in a dispute about a missing parcel (which they won't be...) I would think it reasonably easy for the OP to throw in some reasonable doubt.

OP says they never received it, nor did their neighbour.

Why would they say this? (well the second bit anyway)

They don't need to lie. All they need to say is they never received the parcel, which is true, they didn't. The contract wasn't to deliver it to the neighbour, it was to deliver it to the OP and they failed to do this. If this was a UK company and the OP took them to court they would win and rightly so. The OP didn't tell them they could leave it with some neighbour and it isn't the retailers or couriers place to make that decision on their customers behalf. I know a lot of retailers will try and make it the customers problem in this situation but they've no right to.

The only element that makes this complicated is that they aren't a UK company. This alone makes it unviable to pursue. Even if the OP was willing to pursue their neighbour I doubt this would produce a result either.

@Gavin83

I totally agree with you and at a loss why the other poster said that!

I've been brought up never to lie as it does not pay but more importantly is is not right

Great response,

powerful_Rogue

SergeantBaker said:

powerful_Rogue said:

sukh9292 said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

I dont think they will pursue with neighbour, they claimed they cant do nothing about as this is a civil matter. well i guess i'll try with bank otherwise i will just take the loss.

Food for thought. If they did contact your neighbour as that is where it was delivered and their GPS etc shows that, and your neighbour says 'I'm so sorry, we took the item in but lost it. We told @sukh9292 that' - Could that then open up a potential criminal case for fraud by false representation?

Where is the false representation?

First post page 4 I posted the relevant legislation which sums it up.

powerful_Rogue

diystarter7 said:

Gavin83 said:

powerful_Rogue said:

user1977 said:

powerful_Rogue said:

sukh9292 said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

I dont think they will pursue with neighbour, they claimed they cant do nothing about as this is a civil matter. well i guess i'll try with bank otherwise i will just take the loss.

Food for thought. If they did contact your neighbour as that is where it was delivered and their GPS etc shows that, and your neighbour says 'I'm so sorry, we took the item in but lost it. We told @sukh9292 that' - Could that then open up a potential criminal case for fraud by false representation?

Even if the police were interested in a dispute about a missing parcel (which they won't be...) I would think it reasonably easy for the OP to throw in some reasonable doubt.

OP says they never received it, nor did their neighbour.

Why would they say this? (well the second bit anyway)

They don't need to lie. All they need to say is they never received the parcel, which is true, they didn't. The contract wasn't to deliver it to the neighbour, it was to deliver it to the OP and they failed to do this. If this was a UK company and the OP took them to court they would win and rightly so. The OP didn't tell them they could leave it with some neighbour and it isn't the retailers or couriers place to make that decision on their customers behalf. I know a lot of retailers will try and make it the customers problem in this situation but they've no right to.

The only element that makes this complicated is that they aren't a UK company. This alone makes it unviable to pursue. Even if the OP was willing to pursue their neighbour I doubt this would produce a result either.

@Gavin83

I totally agree with you and at a loss why the other poster said that!

I've been brought up never to lie as it does not pay but more importantly is is not right

Great response,

You seem to have contradicted yourself.

You don't agree with telling lies and quite rightly so. However my post said if the company were to ask the OP to ask their neighbour if they had taken delivery of the parcel, you seem to be implying that the OP should lie and say no?

You believe it's morally correct for the OP to claim a refund, even though the neighbour has lost the item?

MarvinDay

powerful_Rogue said:
You believe it's morally correct for the OP to claim a refund, even though the neighbour has lost the item?

Don't forget, this is the consumer rights forum not a morality forum and under current UK legislation, the OP has the legal right to claim a refund as the goods were not delivered to them and at no time did they give the retailer or the courier instructions to deliver to a neighbour.

I'm not saying that it would be morally right, but it is legally right.

powerful_Rogue

MarvinDay said:

powerful_Rogue said:
You believe it's morally correct for the OP to claim a refund, even though the neighbour has lost the item?

Don't forget, this is the consumer rights forum not a morality forum and under current UK legislation, the OP has the legal right to claim a refund as the goods were not delivered to them and at no time did they give the retailer or the courier instructions to deliver to a neighbour.

I'm not saying that it would be morally right, but it is legally right.

Very true. Maybe food for thought for the OP though. We all end up paying increased prices due to spurious claims like this.

SergeantBaker

powerful_Rogue said:

SergeantBaker said:

powerful_Rogue said:

sukh9292 said:

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

Manxman_in_exile said:

sukh9292 said:

... Neighbour were in middle of translocating and doing some home improvement and when i asked about the parcel they went into panic mode as they realized they might throw it away in the skip or took it along to new house, they double checked but couldnt find it anywhere ( they been taking my deliveries for 3/4 years and they are good people)...

I don't want to be unkind to your neighbours, but I'm a bit confused to understand how they could have accepted your parcel and then gone on to lose track of it.

Even if they were in the middle of moving and(?) carrying out home improvements I don't see how they could have binned it without realising or even just lost it.

When I accept something on behalf of a neighbour (and I do so very often) I take very good care of it because it doesn't belong to me.

At the end of the day, if the courier delivered it to your neighbour then it's your neighbour who is responsible for it - either to you directly or potentially to your seller if you take it up with the seller and they want to pursue your neighbour.

I suspect you may have to write it off if you don't want to ruin your relation ship with your neighbour...

I dont think they will pursue with neighbour, they claimed they cant do nothing about as this is a civil matter. well i guess i'll try with bank otherwise i will just take the loss.

Food for thought. If they did contact your neighbour as that is where it was delivered and their GPS etc shows that, and your neighbour says 'I'm so sorry, we took the item in but lost it. We told @sukh9292 that' - Could that then open up a potential criminal case for fraud by false representation?

Where is the false representation?

First post page 4 I posted the relevant legislation which sums it up.

Has the neighbour denied receiving it?  If they have its a straight theft not fraud.