Royal mail delivery

Tyramhall1982

Hi guys,
I placed an order from Pro Direct and they use Royal Mail as the courier. On the day of delivery, I wasn't in so they left a card in my letterbox that the parcel was in a brown bin. Upon checking the brown bins, the item wasn't there. Ourselves and my neighbour share bins and after speaking to them, they haven't taken the parcel.
I don't have a safe place nominated. I have contacted Pro Direct and they say as far as they are concerned the item has been delivered. I've not spent £150 for them to leave it in a recycle bin. Checking Royal Mails website, they even say they don't class recycle bins as a safe place, so why has their member of staff left it there? We have a large private fenced garden they could have left it in if they wanted to!
I have paid on my nationwide debit card. I have contacted them but haven't heard anything yet and am not holding my breath.
Where do I stand legally with this and is there anything I can do? My daughter is doing to be gutted I haven't got her main present and to be £150 out of pocket has left a really sour taste in my mouth.
Thanks in advance for any help.

born_again

As far as a chargeback goes. Retailer can reject, as they have proof item was delivered, as that is all card regulations require.

Have you contacted your local RM delivery office about this, as it may have been taken back there.

Tyramhall1982

I haven't contacted them yet. What I don't understand is, how can delivery to a bin that the public have access to be classed as delivery?

Mark_d

Under the Consumer Contract Regulations the retailer is responsible until the goods have been received by you or received on your behalf.  Clearly the courier putting goods in the bin cannot constitute delivery.

I suggest you follow the retailer's complaints procedure.

Undervalued

Tyramhall1982 said:

I haven't contacted them yet. What I don't understand is, how can delivery to a bin that the public have access to be classed as delivery?

It may well not be. However your claim is against the supplier, not Royal Mail as you have no contract with RM.

Tyramhall1982

Mark_d said:

Under the Consumer Contract Regulations the retailer is responsible until the goods have been received by you or received on your behalf.  Clearly the courier putting goods in the bin cannot constitute delivery.

I suggest you follow the retailer's complaints procedure.

I have just sent them an email asking for it.
Am I likely to get a replacement item?

Mark_d

You have a legal right to a refund/replacement. 

Tyramhall1982

Mark_d said:

You have a legal right to a refund/replacement. 

I just feel like I'm being railroaded into accepting I've lost my money. I honestly feel gutted.

Okell

Mark_d said:

Under the Consumer Contract Regulations the retailer is responsible until the goods have been received by you or received on your behalf.  Clearly the courier putting goods in the bin cannot constitute delivery.

I suggest you follow the retailer's complaints procedure.

You are right regarding the retailer's responsibility, but wrong regarding the legislation

The correct legislation for @Tyramhall1982 to refer Pro Direct to is s29(2) of the Consumer Rights Act 2015

29... (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.

Leaving goods in a bin is not delivering them into the physical possession of the consumer.

@Tyramhall1982 needs to make this legal point to Pro Direct.  It's their resposibility.  If they want to argue the point with Royal Mail that is their problem, not @Tyramhall1982's problem

@Tyramhall1982 is legally entitled to a replacement or a refund

Tyramhall1982

The advice on the web is quite contradicting. Should I do a complaint quoting the above?

Okell

Tyramhall1982 said:

The advice on the web is quite contradicting. Should I do a complaint quoting the above?

Where have you seen contradictory advice?*

So far as I'm aware the law is quite clear on this and is as I've quoted above.

Until the goods are delivered into your physical possession, or the physical possession of another person nominated by you, they remain at the risk of the trader.  

This means that if Royal Mail - or whichever courier Pro Direct has chosen - leaves the goods in a recycling bin** and they "go missing", then it's Pro Direct's legal responsibility either to refund you or to send you a replacement.  The law doesn't even allow stuff to be left in a "safe place".

You even have written proof from RM that they didn't deliver it to you!

The only exception to this is if you chose the courier yourself, and that courier is not one usually offered by the seller.

Go back to Pro direct and quote s29 of the Consumer Rights Act 2015 to them.

If Pro Direct want to argue the toss with RM that is Pro Direct's problem, not yours



*   Can you provide a link to contradictory advice?  I'd like to read it

**  I presume your "brown bin" is some sort of recycling or waste bin, not that that is relevant