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The returning of wrongly delivered parcels


mwillems
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3 parcels were marked up with the correct addresses for cvollection by the same courier company. The company then applied the same consignment number to these addresses and delivered them all to one address of the three.

The person did not tell me they had recieved these parcels and I had to ring her delivery address (Place of work) to find out what had happened. When I rang, the recipient had gone on holiday two days prior (The monday of that week). The parcels were delivered 4 days prior to her starting holiday leave (Wednesday of the week before).

I was told by the receptionist she was aware of the mis delivered parcels and had taken them home. Having sent an e-mail to the recipient I recieved a reply a week later. The reply stated that she was aware of the parcels, that they did indeed have other peoples names and addresses on them, but assumed that they were for her anyway. This is in writing. I stated I would need to collect them and she said they would be left behind her garage. I have arranged with the courier company to collect and on the first occassion they left a card because they could not find the parcels. So I asked the lady to leave a note on the door with the whereabouts of the parcels and she said she would. I made a second attempt and she said they never came to collect. The courier states that they did and that someone called "Blake" stated that those goods were not at the property.

Since then I received an e-mail stating that nobody called blake lives there and that they are going to give away the goods to chairty and give me a check for £15. I told them that under no circumstances are they to give the goods away and that they must be returned to me.

Now they have said they will leave the parcels outside their garage again but that they are ending communication with me and that the parcels have deteriorated in condition.

I replied stating that they have a duty of care for the parcels and that they must be returned in the condition they arrived. I also stated that I will attempt a third time to collect the parcels and that should this attempt fail, they have 8 days from this date to return the parcels themselves and that I will pay for it, up to ten pounds. Then directed them to two sites where they can do this for £7-8 on a 48 hour service. I told them if they were not returned to me then I would take action through the small claims court to get the value of the items back, the cost of the action, a punitive £1 per day fee and that I would call the police for theft.

two questions, is this reasonable and is this enforceable. I believe it is and have made every attempt to be reasonable, but I also know that my interpretation may not be correct and I seek out any helpful advice about how I might do things different to reach an amicable solution and as to how I might behave in light of no amicable solution.

I should also note that the lady didn't sign for the parcels, but somebody at the company did, if this changes anything ata ll I am not sure. I should also note that this has caused considerable issues for others. One of the items was a tent for somebodies holiday, who have since left me negative feedback on ebay, understandably.

Edited by mwillems
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Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

Hi thanks for this, I completely understand and accept this.

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The person did not tell me they had recieved these parcels

I use a courier company who email me minutes after the person has signed for it on their handheld terminals. The email includes their printed name and signature.

Who did you use?

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two questions, is this reasonable and is this enforceable.

It seems that you have been reasonable and I'm sure the person who received the items also believes they have been reasonable. It would be very difficult to prove dishonesty as the other party has made efforts to have the parcels returned to you. If the courier company delivered them to the wrong address (unsigned) and have since failed to collect them and rectify the situation then perhaps you should explore the terms and conditions of your contract with them.

The only sure fire way of resolving this would be to arrange to collect the parcels yourself but thats probably not practical.

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I'd be taking this up with the delivery company if it were me. They have delivered your parcels to the wrong address, and I imagine they have a system in place to rectify these kind of problems. It's not as if this is an uncommon scenario after all.

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The delivery company have made two attempts to collect the parcel already and have failed having not been able to get them. Nobody on the premises and they are not where they should be.

Hence I have instructed a further attempt to collect these parcels and also given the person the opportunity to have the delivered to me at my cost.

I do believe the person who recieved them is attempting to keep them. They did not inform me of their delivery, they shouold not have accepted them or taen them home. They have stated they are in a deteriorating condition, despite having a garage and they have told me they will give them away.

What do I do beyond this point? The delivery company say they are not liablke as they have made efforts to collect them.

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What do I do beyond this point? The delivery company say they are not liablke as they have made efforts to collect them.

Who are the company?

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Ask the courier company to collect the goods from where they were delivered to originally, the place of work. They are obviously having difficulty finding the home address of the other party.

As above who are the courier company, are the parcels insured?

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City Link. The person who has recieved the items wants them collected from their house and not from their place of work.

A card was left at the correct address and the recipient has confirmed this. City link say the parcels were not there. They say they went back a second time and this person called blake stated there were no parcels.

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Turn up at the work address and speak to the persons boss. Explain the situation to them and that they have taken the parcels home for themself, rather than arrange for the mistake to be recitifed (that to me shows an element if dishonesty)

What is the value of the goods?

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This is all a bit odd - "One of the items was a tent for somebodies holiday" How long have these parcels been missing exactly?

At the end of the day, delivery of orders to your customers is your problem, and yours alone.

Sometimes, you will need to bite the bullet and take the loss on the chin.

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You need to get a claim form to put a claim in for loss of items. You have a contract with CityLink which they have not fufilled. A miss-delivery is not your fault. As long as you addressed all the items clearly and correctly then it sounds like an error from CityLink.

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