Delivered to wrong address - owner refuses to give it back

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twix

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Aug 3, 2008
66
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Hi
Advice please

we sent a package out to a customer - who say they never received it - even though the tracking shows delivered.

However the name on the electonic signature isnt the persons living there, so all that i can imagine is that its been sent to the wrong address.

Ive done a bit of detective work, and found a person living in the next road with the same name (its quite unusual) I phoned them up and spoke to them asking if they had a package delivered, and they admitted that they had.

Unfortunatly they are refusing to give it to the correct person or return it to me.
I have explained that it was a couriers mistake, and that the label clearly showed that the package was not for them, never had their name or address on it.

What can I do, as I see it its theft - do i involve the police or courts to claim the money back, as Im out of pocket by £210 as this is what the gift cost, and have to send the 1st recipient the goods again

Help !!
 

sirearl

Free Member
Apr 23, 2007
29,784
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If it was correctly addressed then it is the courier companies responsibility.

I suggest you contact them to pick it up and deliver it to the correct address,failing that you have a claim against them.

Earl
 
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sirearl

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Apr 23, 2007
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I should have a word with the police for advise.

As the person has commited fraud by accepting it.

A quick word from parcelforce threatening legal action may do the trick.

Earl
 
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but why should the people who received it - get away with keeping it. surely this is illegal

Why shouldn't they though. If someone knocked on your door and said "here is a present worth £200" then as far as I am concerned finders keepers.

It isn't as though they stole something. I don't know about you, but if someone gave me a parcel on my doorstep, I would rip it open without even looking at the packaging (especially if I lived alone) then it would be in the back of a dustcart before anyone thought to ask for it back.

You (as the product supplier) have a claim against parcelforce. Parcelforce have basically admitted that they have lost your item. You do NOT have a claim against the person who has been given this as a gift (and in my opinion, neither do parcelforce).
 
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sirearl

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Apr 23, 2007
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Why shouldn't they though. If someone knocked on your door and said "here is a present worth £200" then as far as I am concerned finders keepers.

It isn't as though they stole something. I don't know about you, but if someone gave me a parcel on my doorstep, I would rip it open without even looking at the packaging (especially if I lived alone) then it would be in the back of a dustcart before anyone thought to ask for it back.

Totally wrong impersonating another person for gain is a criminal offence.

They signed and recieved goods that were not destined for them.

http://legal-dictionary.thefreedictionary.com/impersonation

Earl
 
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If you can reclaim the value of the goods from Parcelforce that is probably your easiest option.

I'm not sure if the wrong recipient did commit a fraud - as they simply signed for the goods in their own name at the request of the courier - so what did they do wrong ? They may not have known at the time that the goods were not addressed to them. Clearly they courier is at fault.
 
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twix

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Aug 3, 2008
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unfortunatly i can only claim £50 compensation - which is half the value.

If the parcel came to me, and I opened the box and saw the contents (especially as it was a plastic composting unit so not a dvd or something really electrical)
I would then look at the label - the label was the only thing on the box, with the name and address clearly written.
I would either a) do the decent thing and deliver to the correct address (a few houses away), or b contact the company and let them know I had it .

but then maybe thats because im a basically honest person
 
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dunerider

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Nov 14, 2009
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but then maybe thats because im a basically honest person
Luckily most of us are honest and in this circumstance would do the right thing.

But there are people who dont and that is why we have insurance. Exactly the same as why we pay a little bit more in shops - to cover the cost of shoplifting.

I agree with your sentiment and if you have the energy there is no reason not to go after these people - within the law. but if you value your time - will you spend more than £50 of your time chasing the parcel - it might be wise to make the claim and move on. worse things happen in business everyday and this is a fairly small loss
 
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Since you can't reclaim the value in full from the courier, then the only other option is legal action against the person who received the goods. Therefore you'll have to take legal advice - or write off the loss.
 
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eastmids2007

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Jan 23, 2008
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I bet Parcelforce won't pay you out properly. They never do. They probably can't even get it together to send someone round there to try and pick it up.

I have not experienced a worse company than Parcelforce, in all my time in business. Put in a claim and then forget about it. If you are lucky, they might respond. In our experience, you just waste hours of time and don't get anywhere.

We moved to UPS and their service has been exceptional. It also costs no more.
 
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Totally wrong impersonating another person for gain is a criminal offence.

They signed and recieved goods that were not destined for them.

http://legal-dictionary.thefreedictionary.com/impersonation

Earl

They were both called Smith - there is NO fraud, impersonation or criminality about this.

This scenario as I see it is that something was given which the recipient had every reason to consider a gift - and then someone realised that a mistake had happened and is asking for it back.

Put it another way - an unscrupulous business might deliver (example) a DVD to every house in a street - if they then decided to visit a week later handing out invoices for £10 each, then we would all have something to say about it. I fail to see the difference.

I agree that what Mr. Smith 2 has done is morally wrong - but it certainly isn't legally wrong. Its just like being a teenage lad and saying "I love you" to a girl in order to have your wicked way, then dumping her next week (not that I did that of course).
 
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internetspaceships

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Sep 7, 2009
6,918
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Parcelforce alternatively known as "Parcelfarce"
TNT alternatively known as "Turns up Next Tuesday"
DHL alternatively known as "Dropped Hidden or Lost"

Getting any joy out of couriers of any description for lost/incorrect deliveries is a nightmare.

Good luck with it.

On that note, Merry Christmas guys.

Jon
 
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sirearl

Free Member
Apr 23, 2007
29,784
6,630
Kent
They were both called Smith - there is NO fraud, impersonation or criminality about this.

This scenario as I see it is that something was given which the recipient had every reason to consider a gift - and then someone realised that a mistake had happened and is asking for it back.

Put it another way - an unscrupulous business might deliver (example) a DVD to every house in a street - if they then decided to visit a week later handing out invoices for £10 each, then we would all have something to say about it. I fail to see the difference.

I agree that what Mr. Smith 2 has done is morally wrong - but it certainly isn't legally wrong. Its just like being a teenage lad and saying "I love you" to a girl in order to have your wicked way, then dumping her next week (not that I did that of course).

Well I am waiting for me Bentley turbo to be delivered to my address by mistake.

Of course its ilegal read what the law says about it,and whats with the present bit not applicable.The true owner has been unlawfully deprived of his property.

Earl
 
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SST

Free Member
Oct 26, 2009
47
9
They were both called Smith - there is NO fraud, impersonation or criminality about this.

This scenario as I see it is that something was given which the recipient had every reason to consider a gift - and then someone realised that a mistake had happened and is asking for it back.

Put it another way - an unscrupulous business might deliver (example) a DVD to every house in a street - if they then decided to visit a week later handing out invoices for £10 each, then we would all have something to say about it. I fail to see the difference.

I agree that what Mr. Smith 2 has done is morally wrong - but it certainly isn't legally wrong. Its just like being a teenage lad and saying "I love you" to a girl in order to have your wicked way, then dumping her next week (not that I did that of course).

Sorry but this is absolutley incorrect.

Theft Act 1968

A person is guilty of an offence if they dishonestly appropriate property belonging to another with the intention of permanantly depriving said other of it

It doesnt matter how the goods are appropriated or the initial appropriation is dishonest or not, at the point the person became aware that the goods were intended for another person and they refuse to relinquish them it is theft.

Two scenarios that may make it clear.

I go to the supermarket, and do all my shopping, take it all to the checkout and dont notice the magazine thats left in the trolley, everything is paid for expect the magazine I havent noticed, I get into the car park and take all the bags out of the trolley and put them into the car, I see the magazine, realise I havent paid for it and just keep it anyway.

This is straight up clear cut theft, no ifs or buts.

I go to the petrol station and fill up the car with £60 of deisel, its 6 in the morning, im on my way to work and still half asleep, I drive of without paying by mistake. I get to work and have a coffee, I wake up a bit and realise I've not paid, but decide not to bother ever going back to pay, again this is straight up theft. In fact, in this case the police would most likley track me down and tell me to go pay within a few days or they would prosecute me for theft.

Both of theses examples illustrate how as soon as you become aware something doesnt belong to you or you havent paid for it and decide to do nothing about it you commit theft.

It matters not what your intention or knowledge was when you acquired the item, theft is ongoing, the very same reason as the initial thief cannot be prosecuted for handling stolen goods, the theft begins when the person becomes aware of the guilty knowledge i.e realises they've got something belonging to someone else with no right to the property and doesnt act and does not end until it is given back to the rightfull owner, or the owner relinquishes the rights to it, or it is siezed by the police or other lawfull authority.

Section 3 of the theft act states
"appropriation" which occurs when the defendant wrongfully asserts the rights of ownership over the property. This can be by physical taking, but it will also include many different situations (i.e. a failure to return or omission) in which a person may have lawfully come into possession of the property and then keeps or uses the property in an unauthorised way
To the O.P.

I would contact the person who has it, tell them in clear terms that it was not intended for them, they have recieved it in error and that it belongs to another, and they can either have it ready for collection or deliver it to the neighbour or you will report the theft to the police. Make it clear you will report it asap, and that they will face the prospect of spending xmas eve in a cell.

If you do have to report the matter to the police, stress that you fear the person will attempt to dispose of the property and you should get a swifter response, although it will no doubt be one of the busiest days of the year.
 
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