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Parcel left in the rain by postman, and ruined

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  • Exodi
    Exodi Posts: 4,125 Forumite
    Eighth Anniversary 1,000 Posts Wedding Day Wonder Name Dropper
    edited Today at 1:56PM
    Okell said:
    Exodi said:
    Okell said:
    mksysb said:
    mta999 said:
    you need to ask for a refund or replacement from.the retailer
    Why should the retailer have to pay for the OPs mistake?  He was the one who got the dimensions  wrong instead of checking the size and making suitable arrangements.  And how was the postman supposed to know he was going to be away all weekend?

    I think this is mainly down to the OP and he should take the hit.  
    Because the law says it's the retailer's responsibility.

    s29(2) of the Consumer Rights Act 2015:

    "(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."

    Couriers can't just leave stuff on people's doorsteps.  But if they do, the law deems it the retailer's fault.  There is no special treatment for RM

    Since this legislation was inevitably going to be posted, as it always is, I'd like to continue the cycle by pointing out that goods posted through the letterbox (as the OP hoped) would also not be 'into the physical possession of the consumer', if you are interpreting it as literally putting the item in the consumers hands...
    mksysb said:
    mta999 said:
    you need to ask for a refund or replacement from.the retailer
    Why should the retailer have to pay for the OPs mistake?  He was the one who got the dimensions  wrong instead of checking the size and making suitable arrangements.  And how was the postman supposed to know he was going to be away all weekend?

    I think this is mainly down to the OP and he should take the hit.  
    postman shouldn't just leave it outside - a note should have been left and OP could have collected from the sorting office
    Just as I knew you would inevitably come on and make the same irrelevant point - yet again.
    Don't panic, I don't have the motivation to spend hours writing walls of texts debating hypotheticals - I'm sure there will be plenty of future threads to do so! Hopefully with a bit of spice like 'safe place' thrown in the mix.

    As you say, and of which I can agree, the OP's situation is relatively clear cut (and has fortunately since been resolved).

    I would genuinely be interested for someone in the future to test it.
    Know what you don't
  • elsien
    elsien Posts: 36,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Arunmor said:
    elsien said:
    Arunmor said:
    Is there no personal responsibility these days? 

    If householders made arrangements to receive such items it would save everyone a lot of bother and expense, its not difficult (shed, plastic/metal box etc).  Anything tricky can be covered by a post-it note on the door.

    Many of us live in rural areas where a trip to the sorting office is not that easy and a failed delivery might result in never seeing the package.
    You are presuming that such items are expected which is not always the case. Plus if you arrange a delivery for a specific date when you know you will be there and then it gets delivered early (which happened to me this week while I was away,) I would still expect it to be left somewhere secure. Or redelivered. Not just dumped,
    Best to make life easier for all concerned if you just sort out a simple solution that covers most contingencies costs virtually nothing.
    Royal Mail doing their job properly would be the simplest solution. If there’s the option to have something delivered via click and collect I will always take it, but that isn’t offered for most things that I buy.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • HHarry
    HHarry Posts: 998 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Arunmor said:
    Is there no personal responsibility these days? 

    If householders made arrangements to receive such items it would save everyone a lot of bother and expense, its not difficult (shed, plastic/metal box etc).  Anything tricky can be covered by a post-it note on the door.

    Many of us live in rural areas where a trip to the sorting office is not that easy and a failed delivery might result in never seeing the package.
     It was so wet that the package was ruined, but a post-it note on the door is going to survive?

    OP - we had a spate of parcels arriving that were severely damaged.  Missing items were dealt with by the Retailers, but I complained to RM as well.  They ackowledged the problem, and things have improved.  So it’s worth raising the issue, in the hope it might not happen again.
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