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

tedted

So where does it say that if the consumer gives the wrong address it is still the retailers or couriers fault?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82065006#Comment_82065006

So, I order a "thing" and the "thing" is delivered to the address that I specified on the order, I am present and available when the delivery is attempted so I take the delivery and that satisfies (a) when the "thing" is handed over to me.

Second time I order a "thing" and the "thing" is delivered to the address that I specified on the order but I am not present / available and so the "thing" cannot be handed over to me. What does the delivery service do with the "thing"? How is a "person identified by the consumer to take possession of the goods"?

It seems to be that the practical interpretation of the (b) would be that the "person identified" is whoever is present to take the delivery at the address specified on the order.

Ergates

However an invalid address raising questions of due care and skill

Is the address invalid though? It's entirely possible there is a house number 25 in DO10 1DG - in which case it would be a case of a partially incorrect address. Which, having worked with address data for many many years, I can tell you is shockingly common (you'd think people would know their own addresses….)

Ergates

https://forums.moneysavingexpert.com/discussion/comment/82065012#Comment_82065012

It doesn't. It's more that the legislation doesn't consider this scenario at all. i.e. it doesn't say "The goods remain at the trader's risk until they come into the physical possession of the consumer, UNLESS the consumer gave an incorrect address"

So the question is: how would a court treat this scenario? Would it go with the strict interpretation of the legislation as written, or would they take (what some of us think is) a more common sense approach and say "You gave the wrong address, it's your fault".

The reason this scenario generates debate is that we simply don't know, and none of us has been able to find any previous cases that went to court.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82065056#Comment_82065056

"It seems to be that the practical interpretation of the (b) would be that the "person identified" is whoever is present to take the delivery at the address specified on the order."

It could be, who knows? As I say this is written as if the trader is delivering and should the trader being delivering their own goods it stands to reason greater care would be taken than the couriers who are keen to dump the thing as fast as possible.

https://forums.moneysavingexpert.com/discussion/comment/82065110#Comment_82065110

I think OP is saying, they live at

23 Smith Street

AB12 3CD

They gave an address of

23 Smith Street

ZY09 8XW

and that ZY09 8XW is a valid postcode but doesn't belong to Smith Street but instead Jones Street meaning there was a discrepancy in the address (so yes partially incorrect).

I know it's cute when a letter is sent to Mary in Mousehole and the postie knows exactly who she is and delivers the letter but in this case I would expect someone, somewhere (beyond the OP who is obviously not without fault) along the line to notice the address had the wrong street name (or rather it doesn't surprise me it wasn't noticed but instead I expect it should have been).