Here is the situation.
I got a parcel delivery for one of my neighbours but the address was mine. The name on the parcel was almost identical with my girlfriends name so we accepted it. We also paid for it. after opening it she figured this could not be for her.
we kept it and waited if a neighbour would turn up. Now, two months later someone turned up to claim it. The issue is that we tossed it about two weeks ago. About a month and a half after delivery. My question now is, are we responsible for replacing it? Or is there a maximum time you have to hold something like a parcel.
Quick answer would be appreciated since they wait for an answer.
Thank you all.
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how long do i have to hold a parcel for my neighbour?
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Hendrik
- Posts: 3
- Joined: 06 May 2011, 12:44
- Gender: Male
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IcanthelpthewayIam
- Posts: 4067
- Joined: 26 May 2009, 13:37
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
Simple answer is yes because u through it out, it doesn't become yours to do with after a certain time, always belongs to the owner of the item, where any timescale would come into it is if you wrote a letter to the sender or the intended recipient giving them notice you had it and giving them notice that if they didn't collect it in a reasonable timescale then you were going to dispose of it, as you havnt done that then legally you are liable for the replacement costHendrik wrote:Here is the situation.
I got a parcel delivery for one of my neighbours but the address was mine. The name on the parcel was almost identical with my girlfriends name so we accepted it. We also paid for it. after opening it she figured this could not be for her.
we kept it and waited if a neighbour would turn up. Now, two months later someone turned up to claim it. The issue is that we tossed it about two weeks ago. About a month and a half after delivery. My question now is, are we responsible for replacing it? Or is there a maximum time you have to hold something like a parcel.
Quick answer would be appreciated since they wait for an answer.
Thank you all.
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chunk
- Posts: 957
- Joined: 29 Jul 2009, 20:21
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
You should always return a packet that is not yours to RM im assuming it was delivered by rm not a another
carrier.
Put "Not a this address" and then let us sort it out.
Now your neighbor probably thinks you stole it.
Ive got some sympathy with the fact you paid for it?
im guessing the sender not only got the address wrong but didn't put enough postage on it !
Im no lawyer but i cant see them making you replace it unless you youd like to?
Can you be said to have stolen something that was delivered in good faith to you
Possibly im reminded of the "stealing by finding" law
But somebody would have to pursue you through small claims.
The address must have been correct ,the surcharge notice would have come to you and then the callers office checked with your id.
youve not indicated if said item was trivial ie a scarf or an xbox !
the value will make a difference as to whether they might pursue this.
read the top bit again and avoid a can of worms next time.
carrier.
Put "Not a this address" and then let us sort it out.
Now your neighbor probably thinks you stole it.
Ive got some sympathy with the fact you paid for it?
im guessing the sender not only got the address wrong but didn't put enough postage on it !
Im no lawyer but i cant see them making you replace it unless you youd like to?
Can you be said to have stolen something that was delivered in good faith to you
Possibly im reminded of the "stealing by finding" law
But somebody would have to pursue you through small claims.
The address must have been correct ,the surcharge notice would have come to you and then the callers office checked with your id.
youve not indicated if said item was trivial ie a scarf or an xbox !
the value will make a difference as to whether they might pursue this.
read the top bit again and avoid a can of worms next time.
I'm a postman-and i know where you live.....
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
What it comes down to is the name and address on the parcel and whether you could reasonably assume that it was yours to do with as you wish.
If the name is as you say almost identical to your girlfriends and the address is yours then you could reasonable assume it was meant for you and since it was unsolicited and you did not enter into any contract with the seller the goods are seen as an unconditional gift.As the receiver, you have no obligation to pay for the goods or return them if they are unwanted. If the company/sender does demand payment for the items, you can report them to your local Trading Standards Department. This regulation is in place to protect consumers from being sent unsolicited items and then having to face demand for payment....not exactly what happened in your case but still relevant if the sender makes a claim against you.
As for your neighbour..their claim and anger should be directed at the sender as it was their error in sending it to the wrong address.
If the name is as you say almost identical to your girlfriends and the address is yours then you could reasonable assume it was meant for you and since it was unsolicited and you did not enter into any contract with the seller the goods are seen as an unconditional gift.As the receiver, you have no obligation to pay for the goods or return them if they are unwanted. If the company/sender does demand payment for the items, you can report them to your local Trading Standards Department. This regulation is in place to protect consumers from being sent unsolicited items and then having to face demand for payment....not exactly what happened in your case but still relevant if the sender makes a claim against you.
As for your neighbour..their claim and anger should be directed at the sender as it was their error in sending it to the wrong address.
good times, bad times you know I've had my share
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Hendrik
- Posts: 3
- Joined: 06 May 2011, 12:44
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
the delovery was not of big value...
the simple issue is that we are living in a pretty big building and the doorbells only contain numbers no names. So i could not check were the person lives.
Since the package was from the USA, sending it back seemed pointless. We thought lets keep it and see if anyone turns up. since they did not we tossed it eventually.... I guess the only reasonable thing to do now is be to be honest with the owner and see if we can reason about it.
thank you all for your input to my misery
the simple issue is that we are living in a pretty big building and the doorbells only contain numbers no names. So i could not check were the person lives.
Since the package was from the USA, sending it back seemed pointless. We thought lets keep it and see if anyone turns up. since they did not we tossed it eventually.... I guess the only reasonable thing to do now is be to be honest with the owner and see if we can reason about it.
thank you all for your input to my misery
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stokes11eg
- EX ROYAL MAIL
- Posts: 3077
- Joined: 20 Nov 2008, 12:51
- Gender: Female
Re: how long do i have to hold a parcel for my neighbour?
How did the owners know where to claim it? however, i agree with fishtank, it had your address on, and that's where the parcel has to be delivered to!Hendrik wrote:the delovery was not of big value...
the simple issue is that we are living in a pretty big building and the doorbells only contain numbers no names. So i could not check were the person lives.
Since the package was from the USA, sending it back seemed pointless. We thought lets keep it and see if anyone turns up. since they did not we tossed it eventually.... I guess the only reasonable thing to do now is be to be honest with the owner and see if we can reason about it.
thank you all for your input to my misery
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Hendrik
- Posts: 3
- Joined: 06 May 2011, 12:44
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
well they were waiting for it and eventually they got it touch with the delivery company who confirmed were they delivered it to.
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Brainache
- Posts: 394
- Joined: 30 Jul 2010, 21:37
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
If the owner thinks you owe them the value of it, tell them how much you charge for looking after it for two+half months (and the disposal charge for binning it).
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adb2aber
- MAIL CENTRES/PROCESSING
- Posts: 304
- Joined: 01 Feb 2009, 15:37
- Gender: Male
Re: how long do i have to hold a parcel for my neighbour?
Hang on a moment here, someone turned up at the door with a parcel and asked you to pay for it? And you said sure? What grounds did they give for you paying for it?
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Lounge Lizard
- EX ROYAL MAIL
- Posts: 9458
- Joined: 06 Aug 2007, 21:54
Re: how long do i have to hold a parcel for my neighbour?
And were there Nigerian stamps on it ?adb2aber wrote:Hang on a moment here, someone turned up at the door with a parcel and asked you to pay for it? And you said sure? What grounds did they give for you paying for it?