Failed Delivery, Item now unavailable

HobnobHero

Hello all,
I've just received an email from an auction site (not the big one) regarding an order I made on the start of November. I was the successful bidder and paid the delivery costs on the 4th.

The company they used, APC, attempted to deliver the parcel twice, but did not leave a "missed delivery card"on either occasion, and I only became aware of this when I contacted the auction company regarding the lack of an item... They apologised and agreed to send it out again. I had a missed delivery, with a card left this time, followed by another missed delivery a few days later. I rang them up stating I would collect the parcel. Upon arriving at the depot the next working day I was told the parcel was nowhere to be found and had been returned to sender again. 

I complained again to the delivery company and the auction site, who left a message for me asking me to contact them (3rd December). I waited to see if the delivery company would respond to the complaint, they did not. This combined with life getting in the way meant I only contacted the auction site today (19th) to be told they have no more of the item and I can receive a refund (by sending my bank details).

Long story short, can they do this? I have won a product at auction, they have tried to deliver it, I have contacted them to be told my item is no longer available.

What can I do? What should I do?

Thanks in advance!

HobnobHero

Sorry I've just read the sticky post...

What did you buy? PS5

When did you buy it? 3rd November

Where from? (internet or in store - it DOES make a difference) Online auction site

How did you pay? (cash/cheque/debit card/credit card etc) Bacs transfer 

What went wrong? Failed delivery, returned to sender, item now unavailable.

What are the vendors telling you? I can have a refund.

What solution or remedy are you looking for? Replacement or refund, am I entitled to costs covering the fact I will now have to pay more for the item? 

born_again

Take the refund. 
You missed 4 delivery attempts.

Aylesbury_Duck

Take the refund.  They appear to have done everything they should have done.

sheramber

Why was there no one available to accept the delivery? 

Did you not contact them when you got the missed delivery card and arrange something?

How exactly did you expect to receive the item if there was never  anyone in? 

That all sounds down to you. 

What do you expect the auction house to do when they do not have anymore?

. They cannot magic one up. 

HobnobHero

sheramber said:

Why was there no one available to accept the delivery? 

Did you not contact them when you got the missed delivery card and arrange something?

How exactly did you expect to receive the item if there was never  anyone in? 

That all sounds down to you. 

What do you expect the auction house to do when they do not have anymore?

. They cannot magic one up. 

They only deliver during working hours and didn't state when they intended to deliver, as I could have arranged someone to be there (there was no dispatch notification). I did contact them, to complain both to the delivery company and the auction site, the auction site resent, I received a missed delivery card, I contacted them to say I would collect from the delivery depot, I then realised there was another missed delivery (I have a Ring doorbell and they did not ring it). I went to the depot and they had returned it to sender, having already confirmed with me I could collect it. 

I expected the auction house to hold onto the packaged item as I had complained formally twice regarding the delivery company only ever leaving one card and not holding onto the package as they said they would.

kinger101

Complaining to a delivery company is slightly less effective than trying to dry an ocean with a tea towel

born_again

https://www.apc-direct.co.uk/tracking

HobnobHero

born_again said:

https://www.apc-direct.co.uk/tracking

A big part of the problem was I wasn't given a tracking number. So when I contacted the business to chase up dispatch, I then found out it had been returned to sender. No missed delivery cards were left, I had no chance of getting the parcel the first two attempts.

A_Geordie

You should read the T&Cs on failed deliveries as a starting point and verify if that matches up with what they're offering in terms of a refund.

If you knew they only delivered during working hours then you should have made arrangements to ensure yourself or someone else was but from your post its not clear if the missed delivery cards said they would deliver next day or not. The onus is on you to ensure you're available to take delivery. 

That said, if you had no tracking number and no notification whatsoever as to what day the package was going to be delivered, then in that situation it might be unreasonable for you to take a whole week off in the hope it turns up on a particular day. This could potentially open up a breach of contract claim and either a case of obtaining a refund as offered for you to purchase another but if you are unable to do that because there no equivalent for the price, then you may be able to claim/sue for the difference. Note that it would be for a like product so if the PS5 is second hand, you won't be able to claim brand new unless the new PS5 is less than a second hand.

Another school of thought is that since you have paid for it, you are the owner of the goods and, subject to what the T&Cs say assuming they are reasonable, they had no right to dispose or re-sell the PS5 or give back to the original owner. So you could have a claim against the auction site for wrongfully interfering with your goods.

What is it you are trying to achieve. Is a refund not good enough for you and you're looking for something else?

sheramber

. I rang them up stating I would collect the parcel. Upon arriving at the depot the next working day I was told the parcel was nowhere to be found and had been returned to sender again. 

Was  that  the delivery depot and parcel had been returned to auction house?

the auction site, who left a message for me asking me to contact them (3rd December). I waited to see if the delivery company would respond to the complaint, they did not. This combined with life getting in the way meant I only contacted the auction site today (19th) to be told they have no more of the item and I can receive a refund (by sending my bank details).

You didn’t contact them for 16 days?