Yodel Appalling Delivery

twoblindmice

So…. I ordered a ninja air fryer via an online retailer. I work during the week but have a good relationship with neighbours so deliveries are usually pretty smooth even when I’m not around. On my dispatch email from yodel it clearly states that the item needs a signature and has to be delivered to a person. If not the purchaser then a neighbour. Leaving in a safe place wasn’t an option. I receive an email saying it’s been delivered. No more info available. Return home to nothing and no card through the door. I look in a few places outside the house and find nothing. Spoke to neighbours who knew nothing about it. The retailer is saying that the driver has taken a picture of it on my doorstep and wrote my surname on the order to say it was delivered to person so that’s good enough for them and to contact yodel. I did and they sent me back to the retailer. I now have an investigation open. What can I do if they refuse to except liability? What are my next steps?

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/contents

(1)A sales contract is to be treated as including the following provisions as terms.

(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.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer's risk on and after delivery to the carrier.

Risk passes as above, on your doorstep doesn't count, go back to the retailer with the above and point out they opted to use Yodel to perform their obligations under the contract which is their responsibility to resolve.

Letter before and small claims if they won't assist  

bris

In the picture is the door open or closed? My courier always takes the photo with the door open as it proves delivery

If the door is closed in the picture then it can be argued that it was not delivered to the person as the door was clearly  closed so that's the argument you make.

On their delivery app it has the option delivered to recipient but how could it be delivered through a closed door.

born_again

Have you seen the picture? Is it your door?

tightauldgit

Yep, in theory (and law) at least, the risk doesn't pass until it's actually delivered to you, not just left somewhere in the vicinity of your house. So legally it's the seller's issue to resolve. Given they've a photo of it sitting on your doorstep I suspect they will push back on that responsibility though so you might need to press it all the way to get any success. 

RefluentBeans

tightauldgit said:

Yep, in theory (and law) at least, the risk doesn't pass until it's actually delivered to you, not just left somewhere in the vicinity of your house. So legally it's the seller's issue to resolve. Given they've a photo of it sitting on your doorstep I suspect they will push back on that responsibility though so you might need to press it all the way to get any success. 

Agree - especially if the package was unable to have a safe spot delivery. 

Not to rehash another previous thread - but I do really think that courier companies need to start to take some legal risk in delivering parcels - especially with the amount that go ‘missing’ after ‘delivery’ to a ‘safe space’. Without it - seems like they won’t get better for themselves.

twoblindmice

bris said:

In the picture is the door open or closed? My courier always takes the photo with the door open as it proves delivery

If the door is closed in the picture then it can be argued that it was not delivered to the person as the door was clearly  closed so that's the argument you make.

On their delivery app it has the option delivered to recipient but how could it be delivered through a closed door.

According to Yodel it was my front door they were describing. So basically it has been left outside my closed front door as I was at work.

twoblindmice

born_again said:

Have you seen the picture? Is it your door?

Haven’t seen the picture but it’s my door they have described.