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Right street - wrong postcode. Courier took a guess....

24

Comments

  • Ergates
    Ergates Posts: 3,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    Courier would know. Courier turns up in dog street thinks hang on this is for 25 cat street - ah I'll bung it in 25 dog street anyway. See my point?

    They wouldn't though - they'll be using GPS giving it a postcode. So they'll turn up at DO10 1DG and deliver it to house number 25.

    Similar[ish] cases have come up before and it's a muddy situation legally.

    On one hand - according to a very literal interpretation of the legislation - the retailer is responsible for getting the goods into your possession, which they haven't done. So they should refund you.

    On the other hand - you gave them incorrect information that has resulted in the goods being lost. So they could pursue you for that loss (if they were to refund you).

    On balance, if it came to court, I doubt that the court would find in your favour. But that is not a professional opinion.

  • p00hsticks
    p00hsticks Posts: 15,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 July at 5:45PM

    I think your thread title is a bit disingenuous.

    The courier delivered to the correct house number, town and postcode as specified - it was just the street name that didn't match what was on the package. and as others have pointed out, couriers tend to work on just the combination of house number and postcode as being sufficient to identify the destination.

  • Isthisforreal99
    Isthisforreal99 Posts: 1,315 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 9 July at 7:44PM

    I mean, how hard is it for an adult to know their own address.

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,677 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Easy mistake to make if you've lived somewhere a long time, and with autocomplete on many browsers, even easier to do entirely unintentionally.

  • Grumpy_chap
    Grumpy_chap Posts: 21,360 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    I think this is one to take personal responsibility and accept you lost the item and the money to pay for the item.

    The supplier shipped to the address given. The delivery company did their best endeavours. Why should either of them suffer a loss for what is ultimately the OP's mistake?

  • Ergates
    Ergates Posts: 3,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    I've made this error in the past - didn't realise that website I'd used before had retained my previous address.

  • Alderbank
    Alderbank Posts: 4,437 Forumite
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    On one hand - according to a very literal interpretation of the legislation - the retailer is responsible for getting the goods into your possession, which they haven't done. So they should refund you.

    Yes, S29(2) of the Consumer Rights Act says that 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.

    On the other hand - you gave them incorrect information that has resulted in the goods being lost. So they could pursue you for that loss (if they were to refund you).

    Have we established that the goods are lost? I think that on balance of probabilities they are at the address where they were delivered. The occupant is the involuntary bailee of them and is puzzled what to do about them.

    On balance, if it came to court, I doubt that the court would find in your favour. But that is not a professional opinion.

    The court would have to follow what the law says. I think they may find that risk has not passed. That might not be fair to the trader but sometimes the CRA is not fair to the trader.

  • Grumpy_chap
    Grumpy_chap Posts: 21,360 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    I am unsure whether a court would take that very literal interpretation. If it were to become the way and set a precedent, it would seem to be a charter for dishonesty.

    A "person" could intentionally place an order for goods, but give an incorrect address of some accomplice. The goods would be delivered to the incorrect address. The "person" claims non-delivery.

    There may be other clauses in the CRA that cover such a situation - I have not looked.

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,984 Forumite
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    edited 10 July at 7:57AM

    A decision in a lower court doesn't set a precedent, equally anything could be used for dishonesty which would rule out most of the regs.

    As Alderbank says risk passes upon physical possession, had the trader delivered the goods themselves they would have noted the discrepancy and confirmed with the customer.

    Three failings here, 1) OP for giving an invalid address 2) Retailer for not checking the address 3) Courier for delivering to an invalid address. I think consumer rights would weigh in the favour of the consumer as the address was invalid (rather than incorrect).

    In the game of chess you can never let your adversary see your pieces
  • Pollycat
    Pollycat Posts: 36,418 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!

    I've placed 3 online orders in the last week and the address was clearly shown just before I placed the order.

    Just wondering why a retailer would check the address I'd given…

    As for the courier delivering to the wrong address, replies up-thread have discussed the use of postcode (which was correct despite the OP's title) together with the house number.

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