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[mkaminski100]

A friend of mine ordered a DELL laptop. He was waiting for a long time so ask a neighbour is she hasn't seen anything. She said that there was a delivery, but because he wasn’t at home, courier asked her to take it and sign it!! She didn’t know what to do with it and left the box in front of his door. As you may assume it wasn’t there anymore.
He was pissed, so called courier. Was told that they "delivered" the parcel and nothing else they can do. He called DELL and was told that they have sent the parcel and it's not their fault. AS far he knows, parcel should be delivered to the person, not to anybody else, especially next door neighbour.
He lost his money and doesn’t know what to do. I am also surprised that DELL is doing something like this and is using that kind of Courier Company.
He didn’t sign anything so to be honest; he didn't receive something that he paid for. Courier delivered the parcel to random person, without asking.
What would you advise? Where to go? Who to ask for help?

[shyboy]

Citizen's Advice Bureau. If they can't help directly, they'll introduce him to someone who can advise.

[Golfbuddy]

To be honest, a letter to Dell telling them that, unless a computer is dispatched to him withing 14 days, he will persue them through the courts for the recovery of his money.

An action through the small claims court is a very simple and cheap way to resolve this kind of dispute. No solicitors need to be involved and this is fairly cut and dried. Dell have a claim with the courier company not with your neighbour.

Here's a link to the County Court.  

[Kevin Wood]

.. and if he paid by credit card, tell the credit card company that you are disputing the payment and they may well refund it.

He didn't sign for it. The fact that the courier decided to give it to someone else isn't his problem.

Kevin

[Vmax]

I used to work for a courier company- If no instructions were left to leave with a neighbour then the courier company is libel, contact them first. They will be insured for this kind of thing and should send you claim forms. If you stated leave with a neighbour, on your order, you are a bit stuck i'm afraid Good luck!!

[jules]

.. and if he paid by credit card, tell the credit card company that you are disputing the payment and they may well refund it.

He didn't sign for it. The fact that the courier decided to give it to someone else isn't his problem.

Kevin

Three words, rearrange them to suit :

Head Nail Hit !!

Get on to CC company or even bank but first call Dell and tell them you are going to do so.

Also contact www.theregister.co.uk and tell them your story.

[ians]

I would start with Dell (avoid the courier - that's nothing to do with you).   They probably honestly think the PC was delivered as that is what the courier is telling them.    Best to put it in writing then there is a record and they will be bound to respond in writing.

Turning this around, they may understandably be suspicious that your mates neighbour (or him for that matter) has done away with the package.   But that is nothing to do with his contract with Dell so stand firm.

If Dell don't cooperate, then claim on the credit card.  

[supermop]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

[ians]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

[supermop]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

I did think about that - but I've never known it to be against the law. Maybe as so many neighbours are at war it's no longer socially acceptable for the couriers standpoint.

That all comes down to how f****d up the country is getting though with the amount of warring neighbours. It seems a lot of people are becoming more and more socially inept. Thats a discussion for another thread though!!  8-)

[ians]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

I did think about that - but I've never known it to be against the law. Maybe as so many neighbours are at war it's no longer socially acceptable for the couriers standpoint.

That all comes down to how f****d up the country is getting though with the amount of warring neighbours. It seems a lot of people are becoming more and more socially inept. Thats a discussion for another thread though!!  8-)

I am not saying the courier broke the law.  I am saying that they have not fulfilled their contract with Dell, and Dell have not fulfilled their contract with the customer.

[Markjay]

Someone complained about a similar situation to What Personal Computer magazine a while ago, they concluded that legally he had no leg to stand on...

The vendor had a delivery signature so the item was successfully delivered (the neighbour does not deny receiving the goods!) and it seems that the only legal course of action available to the consumer was to sue his neighbour!

As for the courier company, they do not have a contract with the consumer, but with the vendor. And in the case highlighted at WPC magazine, the contract clearly said that the courier is allowed to leave the package with a neighbour.

However the vendor did agree to settle with the consumer following the magazine's intervention, though the goods were only a mainboard and therefore relatively cheap. But the magazine concluded that they did not have too!

To be honest it would have been easier if the consumer denied receiving the package and also deny knowing the neighbour who signed the POD. But once the consumer acknowledged that the neighbour did indeed receive the goods, there is no going back.

So I think the only hope is if Dell agree to settle. Best option is to write to a magazine, such as 'Which?',

[Danny]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

I'll only leave packages with a "designated" neighbour, for that very reason of those who hate each other!

neighbour should also have kept the package inside their property purely out of common sense and decency really! In my opinion the courier is to blame in this case if you didnt pre-arrange for the package to be left with a neighbour

pretty sure all courier companies have a depot for collections

[CaptainZok]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

I'll only leave packages with a "designated" neighbour, for that very reason of those who hate each other!

neighbour should also have kept the package inside their property purely out of common sense and decency really! In my opinion the courier is to blame in this case if you didnt pre-arrange for the package to be left with a neighbour

pretty sure all courier companies have a depot for collections

Our company policy is to try a neighbour either side if consignee isn't at home, must be left with a signature though.
Can't say I agree with it but that is what I'm told to do so my hands are tied so to speak.

[Danny]

To be honest I'd be pissed at the neighbour for leaving it on the friggin front door! Jeezas Kryst what were they thinking??

There will be no chance of getting reimbursement from either the courier company or Dell, as having a neighbour sign and accept a delivery (as far as I know) is perfectly legal and acceptable.

I am not a lawyer but I would think that is only acceptable if it is pre agreed.  Plenty of people are at war with their neighbours, so for a courier to assume that it is ok, is not acceptable.

I'll only leave packages with a "designated" neighbour, for that very reason of those who hate each other!

neighbour should also have kept the package inside their property purely out of common sense and decency really! In my opinion the courier is to blame in this case if you didnt pre-arrange for the package to be left with a neighbour

pretty sure all courier companies have a depot for collections

Our company policy is to try a neighbour either side if consignee isn't at home, must be left with a signature though.
Can't say I agree with it but that is what I'm told to do so my hands are tied so to speak.

maybe give feedback to the company that neighbours who "are in disagreement" should be allowed to take packages..?