To want my parcel - woman denying accepting it but I have a photo..

[BitOutOfPractice]

I ordered some stuff off sports direct (about £20 worth) and, because I haven’t ordered off there for a couple of years, stupidly got it sent to my old address which was stored on the web site. Yes I know it’s annoying and stupid so I don’t need that lecture.

So once I clocked on what had happened, I went round there to collect it - couple of days later. The woman who bought the house off me completely denies having received it, despite the courier’s photo showing it being accepted at the front door. I can see two sets of children’s feet at the door on the picture. I obviously recognise the doorstep - I lived there for nearly 20 years.

Please note, I did not shout or accuse, I was very polite, I said I was “puzzled” and that there must have been some sort of confusion but she was adamant she hadn’t had it. It was a shoe box sized parcel so not massive to store and not easy to lose either.

Do you clever lot have any idea if there’s anything I can do?

I half expected her to come to the door wearing my gym gear 😆

I complained to Onbuy when my microwave failed to arrive last December. They told me it had been delivered to the wrong address. I wish I knew where, because I have neighbours making believe they are rolling in ir!

On buy refunded the money for the microwave, so you should do the same. I don't know if they claimed against the courier. They are small traders like eBay and can ill afford to lose the money either.

I had help building a raised bed in the garden and bought some very expensive - to me - rocks which slowly disappeared, so I had to buy more. There was a trail of Cotswold stone dust from my front garden leading straight into the neighbour's drive across the road. Pathetic. Can you imagine the sympathy I would get if I complained?

But that’s nothing to do with Sports Direct as @Brahumbug suggested.

The money can’t be claimed back from them.

Are you suggesting all couriers are obliged to get photo ID for the recipient and can only deliver to them personally? Because this is the only way they could ensure that they aren’t liable to people claiming from them.

Maybe I'd leave a note through the door,
'Thanks for checking about my parcel, if it does appear could you let me know and I'll take the missing parcel FB post down? '

Well you haven't reviewed it very well. Sections 1 to 6 and 9 apply. The contract between the consumer and the retailer has not been fulfilled and she is entitled to a full refund.

Why not? Item not received.

There have been some occasions when a courier has taken a photo of me being handed the parcel.

A contract is a 2 way thing. Sports Direct delivered the goods to the address requested by the OP.

Is that because the courier delivered the parcel to the address on the label?

I think yes. The OP and Sports Direct entered into a contract- she specified the delivery address. They delivered to it. I suppose she could try arguing with them that it wasn't delivered at all, regardless of her using the wrong address.

If she had used the correct address and it wasn't delivered then she could raise it with them- but here she'd have to convince them it hadn't been delivered despite the proof of delivery.

I’ve read it very well, but you’ve misinterpreted it.

Section 28 of the Consumer Rights Act 2015 outlines the trader's obligation to deliver goods to the consumer. If a consumer provides an incorrect address, it could potentially lead to complications with the delivery of goods. While the trader has a responsibility to deliver, the consumer's incorrect address could be a factor in determining the trader's liability if the goods are not delivered successfully.

Here's a more detailed explanation:
Trader's Delivery Obligation:
Section 28 states that unless agreed otherwise, the trader must deliver the goods to the consumer.

Delivery Period:
If no specific delivery time is agreed upon, the goods must be delivered without undue delay and no later than 30 days after the contract is entered into.

Consumer's Responsibility:
While the trader has the responsibility to deliver, the consumer also has the responsibility to provide an accurate address.

Consequences of Incorrect Address:
If a consumer provides an incorrect address, the trader may not be able to fulfill its delivery obligation. Depending on the circumstances, this could lead to a breach of contract if the trader cannot deliver due to the incorrect address.

Potential Remedies:
If the consumer's incorrect address prevents delivery, the trader may be able to hold the consumer responsible for any additional costs incurred in trying to deliver the goods or for damages caused by the late delivery. The consumer may also be able to claim damages or seek specific performance if the trader fails to deliver due to a genuine issue with the address, even if it's the consumer's fault.

In essence, while the Consumer Rights Act protects consumers, it also places responsibility on them to provide accurate information, including a correct address. If the consumer provides an incorrect address, this could affect the trader's ability to fulfill its delivery obligations and potentially lead to disputes.

So the act is there to protect the consumer, assuming they’ve given correct information.

What’s with all the ‘it was only £20’ ‘I couldn’t get worked up over £20’ nonsense about? I mean, £20 isn’t an insignificant amount of money to a lot of people these days. I’d certainly be really annoyed at losing something that cost me £20 because some entitled dickhead decided they wanted it! Wtf!?

But besides that, it’s theft and it’s the principle of the bare faced lie. You may not get it back OP, but I’d certainly be plastering it all over social media about this scumbag thief. Some people have no shame or morals. For those claiming the OP is being OTT, I can bet my last fiver you’d feel differently if it happened to you.

No I haven't, the retailer and consumer have a contract. If the goods are not delivered then the contract is at an end and the consumer is entitled to a refund. The fact she made an error is irrelevant. The entitlement to the refund is absolute.

I have a crime number 😳

Excellent! that'll put the wind up them.

Section 28 of the Consumer Rights Act 2015 outlines the trader's obligation to deliver goods to the consumer. If a consumer provides an incorrect address, it could potentially lead to complications with the delivery of goods. While the trader has a responsibility to deliver, the consumer's incorrect address could be a factor in determining the trader's liability if the goods are not delivered successfully.
Here's a more detailed explanation:
Trader's Delivery Obligation:
Section 28 states that unless agreed otherwise, the trader must deliver the goods to the consumer.
Delivery Period:
If no specific delivery time is agreed upon, the goods must be delivered without undue delay and no later than 30 days after the contract is entered into.
Consumer's Responsibility:
While the trader has the responsibility to deliver, the consumer also has the responsibility to provide an accurate address.
Consequences of Incorrect Address:
If a consumer provides an incorrect address, the trader may not be able to fulfill its delivery obligation. Depending on the circumstances, this could lead to a breach of contract if the trader cannot deliver due to the incorrect address.
Potential Remedies:
If the consumer's incorrect address prevents delivery, the trader may be able to hold the consumer responsible for any additional costs incurred in trying to deliver the goods or for damages caused by the late delivery. The consumer may also be able to claim damages or seek specific performance if the trader fails to deliver due to a genuine issue with the address, even if it's the consumer's fault.
In essence, while the Consumer Rights Act protects consumers, it also places responsibility on them to provide accurate information, including a correct address. If the consumer provides an incorrect address, this could affect the trader's ability to fulfill its delivery obligations and potentially lead to disputes.
So the act is there to protect the consumer, assuming they’ve given correct information.

To make it glaringly obvious, I’ll copy from the above the most relevant part, but feel free to read the rest.

Consumer's Responsibility:
While the trader has the responsibility to deliver, the consumer also has the responsibility to provide an accurate address.

WHICH DID NOT HAPPEN, THEREFORE THE TRADER IS NOT AT FAULT!

That’s for @Brahumbug

The fact she made an error is irrelevant! Don’t be ridiculous! Also see above!

Excellent!

Flashahah

Is there another problem - not specifically to this thread - using a courier service?

Usually people who move house leave a forwarding address to Royal Mail. If RM delivers to the old address when you have given them a forwarding address, who is liable? (If, that is, RM still do that?)

Can someone leave a forwarding address with a courier? How would that work, there are so many of them?

Did you leave your new address with the occupier when you moved?

Did they accept it - agree to send on any mail they get for you?

If they did, then that is a contract you made with them and if they keep mail, are they committing an offence?

You have a crime number, so if you did leave a forwarding address, you can report it to the police for advice.

Might be worth a free answer with an online 'solicitor' - usually Ai copied from the government site.

You could buy the leggings you saw on Vinted if you really liked them, but then I guess you would remember the cheekyfuckery everytime you wore them.

There is no reason for the retailer to refund. It was delivered to the address the OP asked them to send it to. When you buy online, it's entirely your responsibility to make sure your details are correct. It's not as if the courier dropped it at the wrong address. In this case the retailer has fulfilled his contract with the buyer and the courier has fulfilled his contract with the retailer. OP made an error and the recipient is guilty of theft.

I know. But it's true to say she hasn't got the parcel. It is definitely her own error in not changing the address. But I doubt she'll get it back from that house. So may as well try the retailer. They could do it out of good will. It's not the kind of company that are renowned for good will though.