Yodel Delivered To Wrong Address, PayPal refused my claim

[Rayn2036]

Back in March, Yodel delivered item to completely wrong address. Item was purchased from eglobalcentraluk.com (very dodgy I know, based in Hong Kong). I was waiting at home for delivery and suddenly I had a text message saying item has been delivered even though no one rang the door bell. I quickly tracked the parcel and it showed item delivered. I quickly phoned Yodel and from their tracking they confirmed driver has gone to the wrong address. I offered to go there and pick the item if they can tell me where the driver has gone, but they will not tell me where the driver has gone but they offered to pick it up and re deliver to me. The guy on the phone tried to contact the local depot but could not get through so he promised that-item will be delivered with in 3-5 working days. I waited for 10 days but nothing arrived. I called them again and now they tells me it is outside the window and I need to contact the seller. They have all the notes on the system about he parcel and sender can claim it though their client login portal. I contacted seller and explained the situation and asked them to make a claim through Yodel and send me the replacement. Seller refused to send me the replacement because the tracking shows the item was delivered. Since then I have been battling with PayPal to resolve this case. PayPal has now declined my claim three times each time saying "This case was closed in the sellers favor because they provided us with valid online tracking information. This confirmed the delivery of the item to the address on the PayPal transaction details." I have requested Yodel to change the status of the tracking to show the item was delivered to wrong address but they refused to do that. Until and unless tracking shows the wrong address information, PayPal will not upheld my claim. 

 

It has now been over 3 months, I am without an item and £227 out of Pocket. What are my options? Have I lost the money?

[BurnCK]

Surely it's Yodel's responsibility if they delivered to the wrong address and they have admitted as much?

 

(P.S. I've ordered things before from EGloabalCentralUK, always been fine).

[BankFodder]

Firstly - please will you space your posts correctly.  Solid blocks of text are extremely tiring to follow and discourage people from helping you.

 

[ericsbrother]

how do you fund your paypal account? If this was a one off payment via a debit or credit card the you are covered by the bank, if you top up paypal with mixed funds then it is much trickier to sort out.

[BankFodder]

NO need to involve paypal here.  A much softer and more satisfying target is Yodel.

 

Luckily you have been here since 2012 so you have read our customer services guide and you recorded your calls with Yodel.  Well done.  It should now be very easy to claim your money back from them and I expect that they will put their hands up rather than go to court

[Rayn2036]

2 hours ago, BankFodder said:

NO need to involve paypal here.  A much softer and more satisfying target is Yodel.

 

Luckily you have been here since 2012 so you have read our customer services guide and you recorded your calls with Yodel.  Well done.  It should now be very easy to claim your money back from them and I expect that they will put their hands up rather than go to court

Please tell me why would Yodel deal with me? Yodel will only deal with the sender and they have clearly told me in numerous occasion that seller need to login to client portal and make a claim. Seller is simply not claiming because they know PayPal will refuse my claim and even if they make a claim, YODEL will not compensate cost of the goods as standard insurance with Yodel is around £50

 

also who do I take to court? Seller is based in HK, Yodel admitted mistake and willing to compensate but seller has claim it. 

Edited August 9, 2019 by Rayn2036

[BankFodder]

They are obliged to deal with you because of the Contracts (Rights of Third Parties) Act and because their terms and conditions do not exclude the effect of this act.

Please confirm that in the years that you have been here you have read our customer services guide and you now routinely record your calls including the important call with Yodel

[Rayn2036]

2 hours ago, ericsbrother said:

how do you fund your paypal account? If this was a one off payment via a debit or credit card the you are covered by the bank, if you top up paypal with mixed funds then it is much trickier to sort out.

It was paid on PayPal credit and I have already paid back the money.

[Rayn2036]

1 minute ago, BankFodder said:

They are obliged to deal with you because of the Contracts (Rights of Third Parties) Act and because their terms and conditions do not exclude the effect of this act.

Please confirm that in the years that you have been here you have read our customer services guide and you now routinely record your calls including the important call with Yodel

I didn’t record the call which I made as soon as I called them in panic the day of delivery however I have used online chat on numerous occasion where they confirmed “as per the note” that item was sent to wrong address. I have copy of the chat transcript. 

 

They have clearly said that claim has to be made by the seller as contract is between Yodel and Sender. 

[BankFodder]

Well you have saved yourself in that case. The advice we give to record calls routinely is not advice which we give for the fun of it. You should start reading our customer services guide and implement the advice there in the future in respect of all your dealings – any company whether or not you expect trouble.

If you have got a written chat log then that's a very good start. It would be very helpful if you would install a call recorder and have further phone calls with them just to get additional confirmation.

The people to sue here are normally the retailer because they are responsible for delivery to your door despite the fact that the delivery might have gone wrong. This is mainly because they have selected and instructed the delivery agent so the delivery agent acts on their behalf.

However, because you are dealing with a company based in Hong Kong this poses additional difficulties. You are saved by the fact that Yodel does not specifically exclude The Rights of Third Parties Act – which they are entitled to do.

So you will have to begin a claim against Yodel. I'm quite sure that they are not used to being roughed up in this way and so they will probably be a bit stupid about it and maybe even force you to a position where you have to pay hearing fee in addition to your court fee. However, on the basis of what you tell us, your chances of success are better than 95%.

I suggest that you cut to the chase and start off by sending them a letter before action. This means that you will have to make a threat to start a small claim in the county court against them within 14 days and without any further notice unless they pay you the value of the item which was sent. Draw their attention to the conversations that you have had with them and the fact that they have admitted that the item was delivered to the wrong address.

Only make this threat if you're prepared to go ahead with it.

They may now respond by being prepared to give you the address to which it was actually delivered. By all means accept this information if you want and it may be a lot easier to go around and give that person a visit but you probably won't get anywhere. You certainly shouldn't agree to waive any rights or agree not to begin a legal action in return for this information

I'm assuming that you have got evidence of the value of the item.

In your letter before action make sure that you outline what has happened, the fact that they have sent it to the wrong address, and that you will be relying on the Rights of Third Parties Act to make them directly responsible in the County Court. Send them evidence of the value of the item – and as I have already said, make it clear to them that you will be starting a court action against them for recovery of the value, your court fees, plus interest at the County Court rate if they do not comply with your demand within 14 days.

On day 15, send them the good news.

In the intervening 14 days start doing a bit of research on this forum as to how to bring a small claim in the County Court. Register with money claim online and start preparing your claim. Post a draft of what you are going to use as your particulars on this forum so we can have a look at it and suggest any amendments.