Ordered to old address by mistake, residents claim they haven't received anything

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  • wesleyad
    wesleyad Posts: 754 Forumite
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    Aylesbury_Duck wrote: »
    In fairness to the !!!8220;shady!!!8221; people you refer to, it looks pretty !!!8220;shady!!!8221; that someone is claiming to have had an expensive item delivered to an incorrect address by accident. They are perhaps suspicious of you. Put yourself in their shoes: Would you want to get involved in it?

    I suppose it depends on how long they have lived there.This happened to me, mother in law sent something, but we'd only moved a few weeks before so it was a clear mistake. A few years on might look dodgy.

    But really, if they received a gaming chair it would be quite clear, and the OP came round and explained then the only reason to deny it is they are thieving it. I assume if the GPS can prove it was delivered to them then that will satisfy courier and seller. I honestly don't know where that leaves the OP, is it possibly a criminal matter?
  • BenderUK
    BenderUK Posts: 12 Forumite
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    That's the thing. I called police on my first try and I've been told that once I get the tracking number they can do something about it but subsequent calls were useless as they told me to deal with the seller for that matter.

    Also, I found some piece from saga that says if the items were sent by mistake and NOT to them then legally they still belong to the seller and can be requested even on legal grounds from the occupiers. I would suspect that if it ended up in court the evidence would be overwhelming and it would be residents word against a delivery company which has all the necessary evidence to back them up.
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    edited 12 August 2018 at 9:38AM
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    But they weren't sent by mistake.

    Also you don't come in to the loop anywhere in this when it comes to legal action. The seller had the contract with the courier.

    Your only recourse in law is to chase the seller for not completing the contract by delivering to you. However that is fraught with danger as you asked them to send it to somewhere that you have no connection with.


    You haven't thought of the other alternative. Courier tries 18, they say 'not us mate, he doesn't live here'. Courier then thinks 'nice chair, I'll have it' Falsifies delivery details to show he left it at 16
  • BenderUK
    BenderUK Posts: 12 Forumite
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    It's so bloody complicated I will have to bite the bullet :/ The other thing showing that it might not be the delivery guy is that I ordered by mistake on ebay to the same address (just cocoa butter), as soon as I ordered I noticed wrong address so contacted the seller to send it to my address, they still sent it to #18 in which case people from that house still haven't informed me they got anything (as I left them my contact details) which I think solidified my feeling they kept both things...

    Found something like this
    [...]What if it the delivery was sent by mistake?
    It’s a different story altogether if items are sent to you by mistake. That is, if the order wasn't meant for you, if it was sent to you twice, or if there's extra stuff on top of what you ordered.

    In all these scenarios, they are not classed as unsolicited goods, they still belong to the trader and you should try to give them back.

    Firms can take you to court to recover their goods, if you were to resist.

    You will need to contact whoever sent the goods and ask them to collect them. This shouldn't cost you anything or inconvenience you in any way. You should also give the company a reasonable deadline to collect the items, of say, 14 days.

    Make sure you keep written evidence of your contact with the supplier.
    [...]
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    Your quote doesn't apply

    If they were sent to Mr Jones, 18 any street road and Mr Smith lives at 18 any street road then nothing has been sent to Mr Smith . It is up to the courier to prove that Mr Smith accepted them with something like a signature. GPS data just shows that he was present at that location, not that he actually visited the house.


    What you appear to be lacking is positive proof of actual delivery to either 18 or 16. You only know that the courier was in that street in the vicinity but that is as far as it goes, no matter what you think has happened.
  • BenderUK
    BenderUK Posts: 12 Forumite
    edited 12 August 2018 at 1:20PM
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    Well, actually, the courier has a signature but supposedly by a person that doesn't live there.
    So looking at all the facts:
    Seller sent "correctly" to #18
    Courier delivered to #16 (that's what their system says)

    So as it stands it would be the delivery company that from the standpoint is at fault even though it may have been delivered actually to #18 ?
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    I wouldn't trust a signature.

    In work we tracked a Parcel force delivery to another site. Online said signed with a name & sig. No such person worked at that site. It was a con that the Parcel force driver did so his tracking showed it was delivered on time (pre 9AM). He eventually delivered it to hours later.

    We now routinely check the tracking on all our parcels. Its costing Parcel force a fair bit as we get reimbursed the cost for each one that fails to get delivered when it should.
  • BenderUK
    BenderUK Posts: 12 Forumite
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    So looking at all the facts is it possible seller can actually blame the delivery company and reimburse me ? I wonder how it will work out tomorrow once I give all the details to the seller.
  • lincroft1710
    lincroft1710 Posts: 17,643 Forumite
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    Although your contract is with the seller and any problems with non delivery would be their responsibility, as you gave an incorrect delivery address, they may try to disclaim their responsibility.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Gavin83
    Gavin83 Posts: 8,749 Forumite
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    Your issue is that you asked the seller to deliver to no18 and it appears, potentially they fullfilled this contract. This throws a massive question mark onto the validity of your case. If as you say the GPS shows as having been delivered to no18 and the paperwork says no16 it'll ultimately be down to a court Tom decide which is more valid evidence. However in your shoes I wouldn't fancy taking this to court.

    You are therefore somewhat relying on the goodwill of the seller as the delivery company are unlikely to willingly refund, I think this is a big ask for the seller.

    As for claiming from the new residents that might be a challenge too as they'll just deny having received it and you've no real concrete evidence they have.

    Basically I think you might need to chalk this one up to experience.
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