Evri and a 'half delivered' package

pedgepuk

Back in March I ordered from an online sports merchant named Fanatics who dispatched the item with no issue.

A few days later I receive an email to say the item was successfully delivered by Evri, however, when I arrived home from work there was no package. On checking the proof of delivery it shows a photo of the package half inserted into the postbox and nothing more. I did the usual, asked neighbours, looked behind bins etc, to no avail.

I've previously had issues with Evri leaving parcels in a safe place or outside the front door but never gave permission for them to do this, and to only deliver to a neighbour instead in the event I'm not in. I have been at home where they don't even knock/ring the bell.

I contact the merchant on several occasions by live chat and email to ask for a solution as the parcel was likely to have been stolen if the courier left it half hanging out and in full view of passers by. The merchant is unwilling to cooperate as they state 'the delivery was successful' based on the POD photo. I dispute this as I consider a successful delivery as; handed to the resident, to a neighbour and/or fully inserted into a post box. I also stated to them in writing that the contract is with them and not between myself and Evri, and that I'm pursuing this under the Consumer Rights Act Section 28. They have fallen silent following multiple attempts to contact them by email.

I'm currently £45 out of pocket and have involved my credit card company where they initially credited my account until there was a conclusion in the investigation with the merchant. The merchant again provided the POD photo and also a Google StreetView screenshot of my property from 2019. The merchant also made a statement that I had NOT contacted them albeit 5 emails where two they responded to. My CC provider closed the case and reinstated the charge although I pursued with providing proof of my communication to the merchant.

Today I receive a letter from my CC provider to say that my documentation cannot be accepted and they will no longer liaise with the merchant, hence the £45 charge will be added to my CC account.

I've been searching for a full definition of what a 'successful delivery' means in law but unable to find anything on this. I'm unhappy the merchant is unwilling to assist and now the CC provider is closing the door on the case.

Evri (ex Hermes) haven't the best history of their service and the merchant/CC provider has disregarded this.

I'm not giving up as I've paid for an item, not received it and am being told nothing can be done...pretty much being told to accept a loss and that the customer has been deceitful.

Had I known Evri were the courier I would have never placed the order, but some merchants don't disclose this at the time of ordering.

Can anyone please provide any advice on how to proceed?

TIA

the_lunatic_is_in_my_head

pedgepuk said:

I've been searching for a full definition of what a 'successful delivery' means in law but unable to find anything on this. I'm unhappy the merchant is unwilling to assist and now the CC provider is closing the door on the case.

https://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

(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.

So poking out the letter box means the retailer's problem to sort out. 

Regarding the card company as this is under £100 it would have been a chargeback which is in addition to your consumer rights and it's likely the card company acted appropriately. 

Is it this website OP

https://www.fanatics.com/

If so address appears to be in the US which would mean pestering them is the only option sadly. 

born_again

As far as Visa & Mastercard go proof of delivery is such as the retailer has provided. A picture it has been delivered. It does not even have  to be the right address.
As these are card regulations, they are over & above your consumer rights & subject to card providers regulations.

@the_lunatic_is_in_my_head has provided the consumer regs above.👍

pedgepuk

the_lunatic_is_in_my_head said:

pedgepuk said:

I've been searching for a full definition of what a 'successful delivery' means in law but unable to find anything on this. I'm unhappy the merchant is unwilling to assist and now the CC provider is closing the door on the case.

https://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

(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.

So poking out the letter box means the retailer's problem to sort out. 

Regarding the card company as this is under £100 it would have been a chargeback which is in addition to your consumer rights and it's likely the card company acted appropriately. 

Is it this website OP

https://www.fanatics.com/

If so address appears to be in the US which would mean pestering them is the only option sadly. 

Thank you and much appreciated.

So the original order confirmation has the address listed in the UK and it was Fanatics International EU:

Fanatics (International) Limited, Stubbs Mill, 3 Upper Kirby Street, Manchester, M4 6FD. Registered number 5933624

The merchant just fails to respond to my emails hence I escalated to my CC provider.

the_lunatic_is_in_my_head

pedgepuk said:

the_lunatic_is_in_my_head said:

pedgepuk said:

I've been searching for a full definition of what a 'successful delivery' means in law but unable to find anything on this. I'm unhappy the merchant is unwilling to assist and now the CC provider is closing the door on the case.

https://www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

(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.

So poking out the letter box means the retailer's problem to sort out. 

Regarding the card company as this is under £100 it would have been a chargeback which is in addition to your consumer rights and it's likely the card company acted appropriately. 

Is it this website OP

https://www.fanatics.com/

If so address appears to be in the US which would mean pestering them is the only option sadly. 

Thank you and much appreciated.

So the original order confirmation has the address listed in the UK and it was Fanatics International EU:

Fanatics (International) Limited, Stubbs Mill, 3 Upper Kirby Street, Manchester, M4 6FD. Registered number 5933624

The merchant just fails to respond to my emails hence I escalated to my CC provider.

Thanks OP, looks like I ended up on their US site.

So the passing of risk clause applies, £45 is too low of an amount for small claims, you could send them the legislation and see their response. 

You could send a letter before action (templates on Google or there are firms that will do this for a small fee) and/or post on their social media if they have any but whilst you are covered by the legislation if they won't budge it's not really possible to enforce your rights via the courts sadly.