Courier left item on door step, and it looks like its been nicked...

Discussion in 'Finance, Property, Law' started by sammym, Feb 18, 2013.

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  1. OK - just want to know what the law is regarding this. Brought something off ebay. Today I have gotten home from work and got a card saying its been left by the bin. And its not there... Ofcourse I am going to message the seller and call the courier. But I want to know if I'm responsible for this... I guess as far as they are concerned they delivered it so it's my problem.

    For what it's worth we are talking around a couple of hundred quid here. It was meant to be signed for, so I'm really really annoyed.

    Edit - I've asked the neighbours and they havn't got it. And none of them have seen anything (as they work). Also I live on a street without drives and a lot of footfall. I've called the police and spoke to someone, but they arn't interested until I've spoken to the couiriers. And even they said all they could do was give me a crime number... Really helpful from them!
  2. If it is meant to be signed for the the responsibility lies with the courier
    • Like Like x 2
  3. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    you have to get the seller to reclaim it off the courier I think. under the ebay item not received you should be able to get the cash back via ebay and the seller will have to deal with it if he undervalued it for example
  4. Well - I shall be coming home tomorrow at lunch time to see if there are any kids knocking around. With it being half term...

    I ******* hate this. I'm going to look like some sort of scamming ****, and someone is going to have the cheap laptop I brought for work so that my macbook pro would not get any more smashed up or robbed.

    I've just shot the seller a message. We shall see what they have to say about it... Got a feeling I am going to get a massive f-off tablet. I'd like to have a word with the mong child who works for fed-ex who thinks it's a cracking idea to leave new laptops on the street.

    Just checked the tracking. The chip shop driver has even filled in the tracking as being signed for by himself, well if his name is "Smith". What a ******.
  5. I bet the courier was 'Fcuking Yodel'! I had a bit of hassle with this company just before Crimbo, utter shite IMHO and I din't know why the likes of Amazon are still useing thes TWWWATTTTS.............well I do it's cos they're cheap! I'll think you'll find that it's the company that sent it thats at fault due to the law about distance selling agreements or something of that ilk!
    • Like Like x 1
  6. No it's FedEx which I though were a legitimate company. Clearly not, as they thing it's OK to leave your stuff next to bins... Clearly they think that dumping stuff on the street is delivering it. It's not actually that complicated, I have this thing called a car. Leave a note and I'll come and pick it up from your "depot/hub".

    And don't get me started on Yodel. At christmas, I also had these jokers take 3 weeks to deliver something after losing it and then finding it, this was meant to be next day.

    However - I didn't come on here to winge. I just wanted to check whether I am going to lose out on this one.
  7. Report back to the seller that you haven't received it.
    Seller contacts courier to confirm it was delivered.
    You ask for proof of delivery.
    Courier can't provide adequate proof of delivery - It's down to them.

    That's how I see it.

    Courier has to compensate the sender.
    Sender has to compensate you. Or replace/refund as appropriate.

    Although you are the purchaser, the seller is actually the courier's customer. So he has to chase them up and complain to them.

    Again, that's how I see it.

    Keep making a fuss, but remember the courier should deal with the seller. At least in the first instance.
  8. DieHard

    DieHard LE Book Reviewer

    if it is a tracked item requiring a signature then its your responsability ONLY when you have signed for it.
    The courier should not have left it, he should of taken it back to his depot.
    I have worked as a controler for some of the biggest courier companys, and the rule is the same, no one to sign for it, then back it comes.
    The onus is on them to prove it has been delivered, with your sig, not you to prove they have not.
    The seller should refund you and get his money back from the courier company

    Sent by Crapatalk. Sitting on my bog having a dump.
  9. Right guys. Thanks for the advice. I shall see how this works out. I'll let you know of the outcome as you have given me a bit of advice.
  10. Diehard is 100% correct!

    IF it was a signed for item. The courier is Not allowed to sign & leave it.
    You get refunded by the seller. He claims off them.

    That's the problem with some of these couriers.

    Use Royal Mail next time! Proper delivery service!
    • Like Like x 1
  11. Err - I didn't know what service they would use until they sent it. I didn't get to chose. And I can't believe any company think its a great idea to leave relatively expensive stuff on the ******* street.

    The only thing I asked for was signiture delivery.
  12. DieHard

    DieHard LE Book Reviewer

    10%? Do you work for the courier company?
    I feel cheated :p

    Sent by Crapatalk. Sitting on my bog having a dump.
    • Like Like x 1
  13. scaryspice

    scaryspice LE Moderator

    As others have said talk to your seller first (which I see you already did). If he's a decent seller he will refund you and then deal with the courier himself. If he refuses or if he tries to string you along and delay things, open an INR (item not received) case on EBay directly. Your seller won't be able to prove delivery and so you should win the dispute. Don't close the dispute if the seller asks you to do any sort of settlement off EBay. You did pay by PayPal I presume?

    The EBay discussion boards are very helpful for this kind of thing. Try Buyer Central and you will get good advice.
  14. It may well be worth going down the "contract law" route perhaps?
    You and the seller have both entered into a contract, you to pay for the item (fulfilled by you), and they entered into same contract by undertaking to deliver said item to you.
    Written or verbal, actual or implied it is still a contract entered by both parties.
    You appear to have fulfilled yours (by paying) and they have not, in the non-delivery.
    Their sub-contracting to a courier company (that may,or may not be,) staffed entirely by West African drivers does not absolve them of blame.
    The company has not delivered as contracted.
    Pretty much a common scam, depending on the sender's name or brand/address on the package.
    Next stop, County Court methinks.............?
  15. Makes no odds if you are buying on eBay or from Amazon – things turn up by all sorts of couriers and Royal Mail are no better than anyone else. Son bought item on eBay from US – we followed it on screen to London, then the tracking stopped. Phoned London – they said item on way to us. Phoned delivery office every day. No sign. Then two weeks later delivery office said they had sent it back to US as we had not come to collect it after they had left a card! They hadn’t. Big row. American seller re-sent and I think recouped cost from Royal Mail.

    Now they just make a habit of leaving a card to say no-one is in – without ringing the bell. The delivery office is referred to by counter staff in the GPO as ’little Beirut’. Appreciate this does not help much in current circs but I certainly would not recommend Royal Mail as in any way reliable.