Delivery left with neighbour I HATE!

powerful_Rogue

diystarter7 said:

macman said:

He's probably sitting fuming at home because you've not made the effort to collect a hulking great carton containing an exercise bike that is now cluttering up his hallway...
If you really can't stomach a conversation with him that would last all of 10 seconds, then just get a third party to collect it on your behalf. 

I'm pretty sure the neigobur would make a meal out of the "third party"

Why do you think that?

Manxman_in_exile

macman said:

He's probably sitting fuming at home because you've not made the effort to collect a hulking great carton containing an exercise bike that is now cluttering up his hallway...
If you really can't stomach a conversation with him that would last all of 10 seconds, then just get a third party to collect it on your behalf. 

I suspect you may well be right.  The neighbour might be getting more and more angry that the OP hasn't collected it.

powerful_Rogue

Manxman_in_exile said:

grandadgolfer said:

Granted this is for items delivered by Amazon but will probably be the same for third party......from amazon website

Delivery Information

If no one is at the address when delivery is attempted, the personnel of the delivery service partner will post the parcel through your letter box if possible, leave it in your preferred safe place or a secure location, or deliver to a neighbour. A signature will be required on delivery for all parcels valued at £100 or more.

Makes no difference to the general legal position.

grandadgolfer said:

All courier companies will leave a parcel with neighbour unless told no by customer (and even that is not always noted) this will be noted in t&c......how hard you push them depends on how tough you want to be,but 90% of customers will accept the fact it has been / will be delivered to a neighbour

Again, makes no difference to the general legal position.

s29 of the Consumer Rights Act 2015 (legislation.gov.uk) makes the seller responsible for the goods until they come into the physical possession of the consumer.  There's no mention of discharging that responsibility by leaving the goods with a neighbour or in a safe place.

And s31 of the same Act says that the seller's responsibilities can't be excluded or restricted by any contractual T&Cs.

So if a seller wants to use a courier who they know will leave goods with a neighbour or in a safe place when they shouldn't do, then the seller does so at their own risk.

=======================================================================

However... in this case the goods haven't actually been lost, gone astray, or been stolen - the consumer (the OP) already knows where they are but is reluctant to collect them.  Because of this, I'd be reluctant to complain to the seller in the first instance.  (I don't think it would be fair to the seller to complain about non-delivery without at least trying to recover the item from the neighbour first)

Personally, the first thing I'd do is go round to the neighbour and ask for the goods*.  Only if they deny having received them would I complain to the seller - and possibly also to the police.

*If the relationship with the neighbour is as bad as the OP says, then he obviously needs to ask very tactfully and be prepared to make a quick retreat.  (Seriously).  I'm not sure I'd want to involve an "innocent" third party in this dispute

Wouldn't that be the sellers job, to report the theft?

Manxman_in_exile

OMG!!!

I find myself in the unusual position of probably agreeing with the two posts in this thread by @diystarter7

   

Manxman_in_exile

powerful_Rogue said:

Manxman_in_exile said:

grandadgolfer said:

Granted this is for items delivered by Amazon but will probably be the same for third party......from amazon website

Delivery Information

If no one is at the address when delivery is attempted, the personnel of the delivery service partner will post the parcel through your letter box if possible, leave it in your preferred safe place or a secure location, or deliver to a neighbour. A signature will be required on delivery for all parcels valued at £100 or more.

Makes no difference to the general legal position.

grandadgolfer said:

All courier companies will leave a parcel with neighbour unless told no by customer (and even that is not always noted) this will be noted in t&c......how hard you push them depends on how tough you want to be,but 90% of customers will accept the fact it has been / will be delivered to a neighbour

Again, makes no difference to the general legal position.

s29 of the Consumer Rights Act 2015 (legislation.gov.uk) makes the seller responsible for the goods until they come into the physical possession of the consumer.  There's no mention of discharging that responsibility by leaving the goods with a neighbour or in a safe place.

And s31 of the same Act says that the seller's responsibilities can't be excluded or restricted by any contractual T&Cs.

So if a seller wants to use a courier who they know will leave goods with a neighbour or in a safe place when they shouldn't do, then the seller does so at their own risk.

=======================================================================

However... in this case the goods haven't actually been lost, gone astray, or been stolen - the consumer (the OP) already knows where they are but is reluctant to collect them.  Because of this, I'd be reluctant to complain to the seller in the first instance.  (I don't think it would be fair to the seller to complain about non-delivery without at least trying to recover the item from the neighbour first)

Personally, the first thing I'd do is go round to the neighbour and ask for the goods*.  Only if they deny having received them would I complain to the seller - and possibly also to the police.

*If the relationship with the neighbour is as bad as the OP says, then he obviously needs to ask very tactfully and be prepared to make a quick retreat.  (Seriously).  I'm not sure I'd want to involve an "innocent" third party in this dispute

Wouldn't that be the sellers job, to report the theft?

Hence "possibly".

I wouldn't be surprised if the seller asks the OP if they've reported the "loss" to the police.  I presume the seller will know from their courier that it's been delivered to a neighbour and will wonder what steps the OP has taken to recover it.

That's why I also think the first thing the OP needs to do is to at least try to collect it before complaining to the seller.

goater78

Just knock on the door. If they refuse to hand it over you’ve got something to complain about but just refusing to knock on your neighbours door just seems a bit pathetic. 

Manxman_in_exile

powerful_Rogue said:

diystarter7 said:

macman said:

He's probably sitting fuming at home because you've not made the effort to collect a hulking great carton containing an exercise bike that is now cluttering up his hallway...
If you really can't stomach a conversation with him that would last all of 10 seconds, then just get a third party to collect it on your behalf. 

I'm pretty sure the neigobur would make a meal out of the "third party"

Why do you think that?

I actually agree with diystarter7.  Given previous history of incidents reported to the police and the OP's obvious reluctance to deal with this neighbour directly, I think it would be unfair to involve anybody else in this dispute.

strawb_shortcake

Jimmy_Boy said:

No theres a long history. End of the day, i'll let him keep it rather than knock on his door!

Gifting someone you hate an exercise bike seems an unusual move

turnitround

Unless the OP has moved recently he is in a flat and has problems with the neighbours above him and below him. Perhaps the courier didnt want to take a large item upstairs.

Ditzy_Mitzy

If @Jimmy_Boy leaves it long enough, the neighbour is more than likely to come round demanding to know when the exercise bike is to be collected.  The two will end up speaking one way or another.