Posted 16th Mar 2022
I was expecting a delivery today by Hermes. When I checked the tracking, a picture of the parcel was there outside my door in plain sight of everyone. I went to go and check outside my front door, but it isn’t there. I didn’t agree for the parcel to be left “in a safe place “. I understand my contract is with the retailer, not Hermes. As a picture of the parcel was provided, is it more likely that I will get a refund/replacement if I say the parcel was damaged rather than not received? Any advice I would be very grateful for as I have not had to make a claim like this before.
Thank you in advance for your help.
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  1. AndyRoyd's avatar
    No need to be colourful. It is the supplier's issue, as the supplier's employed agent (courier) has failed to perform "passing of risk," as drop&run from doorstep in plain view of (and access to) public does not satisfy transfer to "physical possession of.. the consumer".
    Compare to if the parcel had been shoehorned through your letterbox and only you or your family have access to the drop side of the letterbox, it would be deemed to have passed into your (exclusive) possession.

    Consumer Rights Act 2015 Section 29:
    29 Passing of risk...
    (2) The goods remain at the trader's risk until they come into the physical possession of —
    (a) the consumer...

    legislation.gov.uk/ukp…/29
  2. DaveG46's avatar
    What if you say its damaged and they want it back or a photo of it?
  3. Dealsssssssss's avatar
    Why would you tell them it’s damaged if you didn’t receive it??
    Something sounds wrong here(confused)
  4. Sheep_Flavour's avatar
    Just be honest with them. You didn’t hear the knock, you went there and it was gone. The retailer was insured for this sort of thing.

    If you say it was damaged and then the retailer asks for the old one back first then what will you do?
  5. porkscratchin's avatar
    Not sure why you would report it as damaged if it's been stolen?? What if they ask for it back, going to sound pretty suss when you suddenly tell them you don't have it.

    Just tell the truth and go from there.
  6. deleted75953's avatar
    Anonymous User
    bozo00717/03/2022 06:28

    Just out of curiosity, wouldn't the front door qualify as the receiver's …Just out of curiosity, wouldn't the front door qualify as the receiver's property and thus the risk getting transferred?I am not a fan of Hermes but in this case, what exactly did Hermes do wrong if there was no one to open the door and no additional instructions were given?


    Hermes should have taken it back and delivered another day, they are at fault and the retailer will have to sort this out. If the door was open and the picture was taken with the person inside visible then that’s a different story. We have great Hermes drivers in our area and there is no chance they would leave a parcel like this.
  7. GreekJesus's avatar
    You should definitely tell them it was aliens.
  8. Gollywood's avatar
    I say tell them it's damaged and see what happens...
  9. Ukguy101's avatar
    This company is so useless, get the clowns from the local circus to deliver would be a better option! Wouldn't use them if they paid me.Its not delivered unless it's in an agreed safe place or in your hands.
  10. L0L's avatar
    You may be required to obtain a crime reference number from the police to pass to them to "prove" it was stolen.
  11. AndyRoyd's avatar
    L0L16/03/2022 23:06

    You may be required to obtain a crime reference number from the police to …You may be required to obtain a crime reference number from the police to pass to them to "prove" it was stolen.


    Supplier can report theft of its property to whoever the supplier chooses.
  12. L0L's avatar
    AndyRoyd16/03/2022 23:12

    Supplier can report theft of its property to whoever the supplier chooses.


    I am just saying from experience I had to. Easiest way to get it solved for me. As soon as I supplied reference number it was delt with. (edited)
  13. bozo007's avatar
    AndyRoyd16/03/2022 23:10

    No need to be colourful. It is the supplier's issue, as the supplier's …No need to be colourful. It is the supplier's issue, as the supplier's employed agent (courier) has failed to perform "passing of risk," as drop&run from doorstep in plain view of (and access to) public does not satisfy transfer to "physical possession of.. the consumer".Compare to if the parcel had been shoehorned through your letterbox and only you or your family have access to the drop side of the letterbox, it would be deemed to have passed into your (exclusive) possession.Consumer Rights Act 2015 Section 29:29 Passing of risk...(2) The goods remain at the trader's risk until they come into the physical possession of —(a) the consumer...https://www.legislation.gov.uk/ukpga/2015/15/section/29


    Just out of curiosity, wouldn't the front door qualify as the receiver's property and thus the risk getting transferred?

    Ukguy10116/03/2022 23:32

    This company is so useless, get the clowns from the local circus to …This company is so useless, get the clowns from the local circus to deliver would be a better option! Wouldn't use them if they paid me.Its not delivered unless it's in an agreed safe place or in your hands.


    I am not a fan of Hermes but in this case, what exactly did Hermes do wrong if there was no one to open the door and no additional instructions were given? (edited)
  14. Bluefusion's avatar
    Do any neighbours have cctv footage that capture your property to see what happened?
  15. andrewworrall1's avatar
    Do you have a video doorbell mate, if so can you get the footage of it being taken just in case it could help you?
  16. Haircut_100's avatar
    Absolutely no point in lying and saying that "it was damaged". All you'd be doing is setting yourself up to be screwed when they call you out on it or ask for the damaged item back. Just state the truth, that the item was left on your doorstep by Hermes and then when you went to the door it was not there. I don't understand your logic at all, how on earth do you think you are going to return a damaged item for a replacement or refund when you don't actually have it?
  17. tom1234321's avatar
    The exact same thing happened to me. No knock on the door, picture of parcel at front door. In my instructions I put no safe place. Yet it wasn't there. I assumed it was the driver who took it if I'm honest as it's unlikely anyone else would and non of my neighbours had it.

    I reported it and had to get a police reference number which was pretty easy. They said it happens all the time. They look for public CCTV just incase but happy to give reference to help get your refund. Other than that it's the suppliers problem not yours.

    Just tell the truth. (edited)
  18. AndyRoyd's avatar
    bozo00717/03/2022 06:28

    Just out of curiosity, wouldn't the front door qualify as the receiver's …Just out of curiosity, wouldn't the front door qualify as the receiver's property and thus the risk getting transferred?


    Note the wording and implication of "physical possession", which does not even hint at "anywhere over the consumer's boundary".
    Then equally note the only two recipients capable of physical possession:

    ...The goods remain at the trader's risk until they come into the physical possession of—
    (a) the consumer, or
    (b) a person identified by the consumer to take possession of the goods.


    A front door is the receiver's property, but unless the public-facing side of the front door can be classed as "a person identified by the consumer to take possession of the goods" the risk has not been transferred; it is absurd to suggest a front door is a person, especially the public side of the front door.
    Any delivery other than to the (body of the) consumer is not satisfying "coming into the physical possession", although most reasonable interpretations of the "delivery to a person not a location" requirement would likely include any areas where the consumer had exclusive access, such as the consumer's side of the consumer's exclusive letterbox. Also note the word exclusive, where a letterbox to a communal area and / or in a lobby would not meet the exclusivity expectation.
  19. AndyRoyd's avatar
    bozo00717/03/2022 06:28

    ...what exactly did Hermes do wrong if there was no one to open the door …...what exactly did Hermes do wrong if there was no one to open the door and no additional instructions were given?


    ??? Obviously the delivery company failed to satisfy passing of risk, simples.
    In which case:
    sender compensates consumer.
    sender reviews its chosen courier's terms of carriage / duty of care / insurance and raises claim against courier as appropriate, or not.
  20. LazyVampire's avatar
    I live 23 floors up and Yodel left my parcel "behind the bike shed". I didnt even know I had a bike shed ! Turns out its a very public place that anyone can access.

    But what confused me was they said they left a card explaining where it was. Which of course was a load of rubbish, if they couldve got to my door I wouldve answered it.

    After a bit of searching one of my conciereges found it in a pudlle and falling apart.
  21. PonJaul76's avatar
    I had a parcel left on my doorstep the same way with a photo taken from the open window of the drivers van on my driveway. Their wing mirror was blocking most the shot. Contacted the seller and they sent another without issue. Likely to depend on the retailer
  22. Deen_Gray's avatar
    I live in a busy road and Hermes left a high value item outside the front door, photo taken and left in a safe space put on the delivery report! Parcel was stolen before I could get home. Took next door neighbours cctv and a few weeks before I got a replacement! I’ve got cctv and a ring doorbell now!
  23. Meathotukdeals's avatar
    Sheep_Flavour16/03/2022 23:03

    Just be honest with them. You didn’t hear the knock, you went there and it …Just be honest with them. You didn’t hear the knock, you went there and it was gone. The retailer was insured for this sort of thing.If you say it was damaged and then the retailer asks for the old one back first then what will you do?


    What? Hermes knocks?
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