Item signed delivered, buyer saying not received

24

Comments

  • mrcol1000
    mrcol1000 Posts: 4,787
    First Post First Anniversary
    Forumite
    I have had the exact same problem a few years ago. Sent a parcel by My Hermes. Delivered. Buyer claimed non delivery. Queried it with My Hermes. They said delivered to neighbour. Told this to buyer. Buyer said doesn't speak to neighbour and is no way going to go round and ask for it. Opened and lost INR claim. Left negative feedback which EBay removed as they were satisfied delivery had been made.

    Using a different delivery method is irrelevant to non delivery. If the buyer has such a big problem with their neighbour they should message with delivery instructions or put a sign on their door with someone they like to have parcels left with. I mean do they only buy from websites that use Royal Mail? Many websites don't tell you who they use or use many different ones.

    But really if there is such a problem then the neighbour shouldn't have taken it. If the neighbour won't give up the parcel then the buyer needs to involve the police. This isn't your problem. They could neg you for using a different postal service but I am sure there are far worse things happening in the world than that.
  • Marcon
    Marcon Posts: 10,322
    First Post First Anniversary Name Dropper Combo Breaker
    Forumite
    mrcol1000 wrote: »
    But really if there is such a problem then the neighbour shouldn't have taken it. If the neighbour won't give up the parcel then the buyer needs to involve the police. .

    Involve the police? You think they have the resources to deal with a silly squabble like this?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • adonis
    adonis Posts: 1,072
    First Post Name Dropper First Anniversary
    Forumite
    Marcon wrote: »
    Involve the police? You think they have the resources to deal with a silly squabble like this?

    What, like theft, I don't know the value of the item £5 or £50,000 but theft is theft and the police should deal with it.
  • Pun
    Pun Posts: 740
    I've been Money Tipped!
    Forumite
    adonis wrote: »
    What, like theft, I don't know the value of the item £5 or £50,000 but theft is theft and the police should deal with it.

    Pop in to your local nick and see if they class it as a crime...
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,897
    First Anniversary Name Dropper First Post
    Forumite
    A question out of curiosity.

    If you send something to a specific address and it is not delivered to that address but like this has been delivered to a neighbour is that not a breach of contract?
  • NBLondon
    NBLondon Posts: 5,517
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    edited 14 February 2018 at 9:54AM
    I was just thinking that... If the item has been delivered to an address OTHER than the one agreed to and on the eBay/Paypal files, then the item has not been correctly delivered so the buyer is entitled to claim INR and the tracking is not valid.
    But the OP says it was the correct address... possibly a flat above a shop causing confusion? If the ad said delivery by RM and the buyer already has "do not leave with neighbour" logged with RM they would expect to get a "While You Were Out" card. The OP chose to use a different courier (obviously not knowing there was an issue) who mis-delivered the item.
    So, I think the OP should be taking this up with the courier to reclaim the item and get it delivered correctly. If the courier cannot do this - then the courier should be refunding the OP and the OP refunding the buyer.
    Wash your Knobs and Knockers... Keep the Postie safe!
  • custardy
    custardy Posts: 38,365
    Name Dropper Photogenic First Post First Anniversary
    Forumite
    NBLondon wrote: »
    I was just thinking that... If the item has been delivered to an address OTHER than the one agreed to and on the eBay/Paypal files, then the item has not been correctly delivered so the buyer is entitled to claim INR and the tracking is not valid.
    But the OP says it was the correct address... possibly a flat above a shop causing confusion? If the ad said delivery by RM and the buyer already has "do not leave with neighbour" logged with RM they would expect to get a "While You Were Out" card. The OP chose to use a different courier (obviously not knowing there was an issue) who mis-delivered the item.
    So, I think the OP should be taking this up with the courier to reclaim the item and get it delivered correctly. If the courier cannot do this - then the courier should be refunding the OP and the OP refunding the buyer.


    This would all depend on the courier T&cs at time of order.
    If safeplace/leave with neighbour is in the T&Cs then they have fulfilled their contract.
  • NBLondon
    NBLondon Posts: 5,517
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    Yep - but that still makes it the OP's problem as well... they accepted those T&C (by default if not design) the buyer didn't.

    If the buyer has a known problem about "leave with neighbour", they could have informed the seller so that could be communicated to the chosen courier. (I have had problems in the past with couriers following satnavs and bad signage so I sometimes specify "House with red door - NOT flats") But if the buyer expected RM as in the advert, and have already notified RM they might not think to re-emphasise.

    Thought Experiment: The buyer is at 123A Any Street - a flat above a shop - and the shop is 123 Any Street Both will have the same postcode. If the correct eBay/PayPal address is 123A and the item has been delivered and tracked to 123 - the tracking should not be valid for seller protection. If the item is only tracked to the postcode... ???

    The problem seems to be that "Proof of Delivery" is not the same as "Proof of Delivery to the Buyer or their Household" and although there are plenty of dodgy buyers who might falsely claim non-receipt; genuine buyers should not be paying for an item which was not delivered to them or an alternative point they have agreed to.
    Wash your Knobs and Knockers... Keep the Postie safe!
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,897
    First Anniversary Name Dropper First Post
    Forumite
    So in effect you take the risk that a parcel will not be delivered to the actual address and there would be nothing you could do about it if it shows as dellivered?
  • POPPYOSCAR wrote: »
    So in effect you take the risk that a parcel will not be delivered to the actual address and there would be nothing you could do about it if it shows as dellivered?

    In eBay and Paypal land, the delivered status is sufficient.

    As for any legal action, most people don't bother as the cost versus the gain is too prohibitive.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards