I am having a nightmare with Screwfix, who deposited my order with a neghbour 8 days after I orderd it. I needed the items, so I re-orderd to a different address, and they came.
The neighbour got upset at the orignal delivery, so I collected them from her house and the goods are on my drive. At no time have I or anybody else ever signed for delivery.
Terms and conditions item 3 appears to apply "A valid signature will be required on collection or delivery." To which I say, no signature, thefore not delivered, you can take them away, I ain't paying. The items are still in transit.
They say (terms and conditions item 3) "Immediately prior to despatch of the goods to you, title in the goods will pass to you."
So they give my goods to a carrier of thier choosing, and if the carrier does not deliver, then its my problem. The carrier will not dicuss title of the goods with me, as I am not the customer, Screwfix are, and in their eyes only their customer can lay claim to the goods.
They are now telling me, that if the foods are lost before they collect I have to pay, but they have never been delivered why should I pay ?
have to pay, but they have never been delivered why should I pay ?
No you are not right, the goods WERE delivered just not signed for. Do the right thing and own up to Screwfix. I use them a lot and would like to keep costs down, but acting like this we all pay more in the end!
Did you pay by credit card as an end-useer, or trader ?
If you bought as an end-user, put the item in dispute with the credit card company, who can start charge-back procedings against Screwfix - you didn`t get the goods, they haven`t been signed for, and Screwfix can`t provide a signature to say they were delivered.
knowing that you were expecting a delivery it would be reasonable to think that you would be around to accept the goods when delivered. so its a bit of give and take i feel, as i have had stuff delivered and not been around but its been more than happy to have the stuff dropped around the back garden or to next door so that i can get on with the job. admittedly in your case it was a bit late.
neghbour 8 days after I orderd it.
her house and the goods are on my drive.
away, I ain't paying.
will pass to you."
does not deliver, then its my problem. The carrier will not dicuss title of the goods with me,
customer can lay claim to the goods.
have to pay, but they have never been delivered why should I pay ?
not deliver, then its my problem. The carrier will not dicuss title of the goods with me,
can lay claim to the goods.
have to pay, but they have never been delivered why should I pay ?
It was "Lynx Express", not ParcelForce, who deliver weekly to the correct address. Yep, if the delivery guy screws up, I feel Screwfix have done a bad job, but in reality the "Screwfix Serivce" as a whole is bad, the bit they outsourced, not the bit they did themselves. The morrels and probems of outsourcing, a good topic for a real long debate ........
does not deliver, then its my problem. The carrier will not dicuss title of the goods with me,
customer can lay claim to the goods.
have to pay, but they have never been delivered why should I pay ?
Their wording in the Terms and Conditions is unlawful, I know this, because we've just had to go through the same thing.
The title of goods is with Screwfix until they receive a valid signature from the intended recipient, or by someone acting as a proxy for the real intended recipient as proof of full delivery. If someone is acting as a proxy recipient, then they must sign for the delivery as such with the words "Per Proxy" or the mark "PP" after their signature. If this is not marked on the delivery sheet, then the person signing for the goods is fully responsible for the goods while in their possession and title for the goods is then passed to them as they accepted the full delivery. If the recipient has made clear they are only a proxy signatory for the real intended recipient, then title of the goods is still with Screwfix until they receive payment from the purchaser.
If any packaging is damaged on delivery, then it is within your right to refuse the delivery or accept it but have the driver sign the invoice as evidence that they witnessed the damage on the packets. If someone is acting as a proxy recipient on your behalf, then they may sign for the delivery with the words "Goods Unexamined" or just "Unexamined" on the delivery invoice. If this is not done, then the proxy recipient can be held responsible for any damage or loss whilst the goods are in their possession and the vendor may then make a demand for payment on the goods from the original purchaser, and then title is passed on for the purchaser to enact any terms from the proxy recipient for the damage or loss of the goods.
Basically, the law states that possession of the goods is 9/10ths of the law, unless the vendor can prove that the goods were ordered and delivered as promised and that the recipient or their proxy has made final receipt by issuing their signature on any document intended for this purpose. If no signature is issued and the goods are left on site in speculation of receipt, then the vendor is still responsible for the goods and any damage or loss effected on them.
Why does that not surprise me in the slightest! They're bloody useless in my area, and the "system" they use which lets that happen can let it happen elsewhere too I'd imagine, certainly in your area by the look of things.
I wonder what you ordered, was it soemthing from the big stuff section with a long lead time.
I have a lost parcel once (only 1 of 2 arrived) and then they where happy to send a duplicate with instructions to me to refuse delivery if the missing package turned up.
I must admit the duplicate came via Lynx and was a day late ona before
12 delivery, seems a whole truck load got mislaid for a night then.
I th>I am having a nightmare with Screwfix, who deposited my order with a neghbour 8
days after I orderd it.
house and the goods are on my drive.
ain't paying.
not deliver, then its my problem. The carrier will not dicuss title of the goods with me,
can lay claim to the goods.
to pay, but they have never been delivered why should I pay ?
I can't know for sure of course, but you may have; last time Lynx delivered Screwfix goods here they all but destroyed the goods as well as holding on to them for an extra 4 days, for no reason that they were able or willing to supply to me or Screwfix. So maybe they've struck again and the OP hasn't mentioned that bit so far?
It isn't totally correct. Title (ownership) in the goods can pass to you independently of risk (responsibility for loss) and it is the point at which risk, not title, transferred in consumer transactions which changed.
Prior to March of last year the Sale of Goods Act (SOGA) transferred risk to the purchaser at the point of delivery to the carrier at the sellers premises. For many years many suppliers had actually accepted that risk during delivery was theirs up to the point of the customers premises. The Sale and Supply of Goods to Consumers Regulations 2002 amended the SOGA to make the seller at risk in consumer transactions until the goods were delivered. It does not prevent title passing before despatch.
Note that as was said the Sale and Supply of Goods to Consumers Regulations 2002 applies _only_ to sales to consumers. If you purchase in a business name then the default is that risk still transfers at the sellers premises and the suppliers T&C's can override the SOGA.
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