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Parcel delivered to wrong address - retailer asks for photo ID, police report and form signed

Posted 2nd Aug 2022
I ordered a device from OnePlus. However, it was delivered to the wrong house (same house number next road over). The Royal Mail tracking places GPS coordinates at that address, plus the delivery photo is of their doorstep which can be cross referenced with Google Street View.

However, OnePlus claim to have been refused a claim by RM and are saying the proof of delivery is valid, and that the item was delivered to my property. Clearly this is not true.

Now OnePlus want me to sign this form and file a police report, as well as providing photo ID. Generally I am happy to comply, but as the goods were not stolen but simply delivered to the wrong address, is filing a police report legally acceptable?

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The form is also of concern to me. They are asking me to sign and certify the following statement "I hereby confirm the parcel was deposited on my mailbox/ at the front door/ in the yard/ with no delivery information."

However, based on the evidence provided, I don't believe this to be the case. I have told OnePlus of my concerns many times but they refuse to do anything without the required documents.

My question is, is it worth complying with OnePlus's demands? Or alternatively, is it worth seeking a chargeback? This was paid for on a business charge card so no S75 applicable. My concern with chargeback is if OnePlus submit the tracking as evidence, will I lose the dispute?
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  1. Avatar
    Sounds like a hassle unfortunately. Have you also tried knocking on the house it was delivered to and asking if they're happy to give it to you? Some neighbours can be a pain but it's worth a shot. Hopefully you can get this sorted!
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    Author
    It was quite a while ago and it says our address on it, if they were honest people they'd have given it back by now. I don't really want to be asking them. Regardless, legally speaking it should not be down to me (edited)
  2. Avatar
    As others have said, why not go to the address and just ask them first? You don't have to be confrontational, just say you've been trying to trace a missing parcel and the tracking information suggests it MAY have been delivered to this address in error. If they deny it then you just say ok no problem walk away and have to jump through the hoops to get a refund/replacement.
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    I agree with this approach. You could be working yourself up where the folk who live there are some horrible scary monsters. You may find it's someone of an age where they have no experience of ordering online & sitting worried wondering what to do with this package that's turned up at their door.
  3. Avatar
    You won’t lose as tracking shows delivered to wrong address
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    Author
    Cool think I will have to go down that path vs this nonsense
  4. Avatar
    [deleted]
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    Wow, someone has a personal grudge! Not helpful at all.

    I have had this happen to me, sort of. It has been small things like lady razors and a motorbike part, different deliveries, but to the same address (same flat number but the postman gets the building number wrong). One of them boyf was hanging out the window waiting on as he needed the part that night and saw the Amazon logistics guy go into the wrong building!

    I buzzed the address the next day, no answer. Got into the building on another occasion and they didn't answer the door. Obviously they kept the items.

    I've had wrongly-addressed things delivered to me and reposted them, because I'm not a thief!

    As they were small value items, Amazon just shipped them out again but it's a horrible feeling knowing your neighbours aren't to be trusted. Yet another neighbour in my building was taking my items (the vendor typed the flat number slightly wrong) before I'd officially moved in!!

    And I thought I was moving to a nicer area! (edited)
  5. Avatar
    If it was me I would go there and get it save a lot of hassle
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    Replying to

    Well it's a issue between one plus and the courier shouldn't be your problem and a unhonest person who should have handed over but looks like they have kept it
  6. Avatar
    Ask them. It's usually the person who is missing the parcel who knocks on the door of the person who got the parcel than the other way round! It is your parcel so you make the effort! (edited)
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    Until it is delivered to the OP, it's still OnePlus's parcel.

    Let's be honest here - if the person who incorrectly took receipt of the parcel wanted to return it to the OP, they would have done so by now.

    Ordinarily, I would agree that the OP should simply knock on the door of the delivery address but nowadays things are different with untrustworthy couriers and neighbours.

    As such, why should the OP have to make efforts to rectify OnePlus's (and their agent, RM') mistake.

    OnePlus's mess up which they should sort out.
  7. Avatar
    Go ask them for the parcel. Will save you a lot of headache. They're probably waiting for you to come knocking, if you don't then they'll think you don't want it.
  8. Avatar
    In a business-to-business transaction the "passing of risk" is typically determined by "taking delivery," which has not occurred. Similar but more defined concept applies to B2C.

    As OnePlus' employed representative (RM) has literally failed to deliver (to the correct recipient), it is up to OnePlus to file any necessary reports about its missing property.

    I certainly would not sign a document indicating a delivery to my property had occurred if there has been no such delivery attempt, and I absolutely would not be providing gov ID to an organisation (Unumplus Limited) that has no obvious ICO registration and has no legitimate route to verify that ID.

    If OnePlus declines to play ball after having been informed of no passing of risk then a chargeback may be the easiest route to resolve.
    If OnePlus is aggressive it may choose to chase you for any successful chargeback amount but if the issue is as clear cut as stated in OP it is unlikely to be successful, but record the incorrect delivery details now just in case they are required at a later date.
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    Replying to

    Yep.
    This is THEIR problem.
  9. Avatar
    OP should not have to go over - people have social anxiety and would like to avoid putting themselves in any situation that involves possible confrontation.

    OnePlus/RM are at fault here clearly - GPS co-ordinates clearly evidence this. Can’t remember how OP paid but any chargeback would be won given it’s looked in to properly as oneplus have not fulfilled their obligation
  10. Avatar
    doesn't seem to make a lot of sense that the OP is resistant to go over to the neighbour and ask. they may not be bothered to bring stuff over to you, but if you go and ask them, they may hand it over.

    unless you have had an argument with them before and don't want to have any contact with them, just go over there and ask. should have done this as soon as you were told it was delivered!
  11. Avatar
    Author
    Update - filed dispute with Amex. Was advised to write a letter and upload with all the information. By the time I completed the letter, the case was already found in my favour with no evidence provided, full refund issued. I feel like Amex just covered that themselves due to the incredibly short timeframe. Luckily I paid with a good card issuer, or this could have been more drawn out.

    OnePlus customer service were very poor in handling this, glad I don't have to deal with them again
  12. Avatar
    I note that you have resolved it by the card issuer, incase anyone has a similar issue though

    Here is what I would do:
    -Send letter signed for
    -State you haven't received item and the support has requested that you lie and fill out a form
    -Include a signed letter similar to what they provided with your situation ie you didn't receive the item as your address and it was delivered somewhere else
    -Note that you will be taking further legal action within 10 days if a resolution has not been provided and start a chargeback on your card where necessary (It won't be obvious that it was paid for on a business card, so assume they don't know)

    I would also email the same to the support team including the letter that fits your situation. (edited)
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    Author
    I had emailed them previously with all the evidence, threatening a chargeback or potential legal options if not resolved in 7 days, but they still insisted on the same MPS and police report.

    Now they have just gotten back to me, dropping the police report but asking for ID and MPS to "verify my identification". In previous emails, they stated police report was to "avoid fraud motivation" which is ironic considering that filing a police report claiming theft would be fraud in itself. (edited)
  13. Avatar
    Had this with Amazon before . I called the police and the police said its nothing to do with them as the contract has not been completed as it was not delivered to the right address so its up to the sender of the parcel to sort it out .

    One thing they did say is , if you can prove it had the right address on it and you can prove they've opened the parcel then thats against the law doing this .
  14. Avatar
    It's not a police matter - no crime has been committed.
    Royal Mail have made an error, that is all.
    Avatar
    Author
    Agreed, this is my line of thinking which is why I've refused to do a police report until this point.
  15. Avatar
    No need to police report, not your fault.. re one plus, hard to believe they are behaving this way, even after looking at all proofs.

    Loop their CEO in email conversations and make sure you explain the problem in clear and concise language, include all proofs and ask them to help out.
  16. Avatar
    Someone's got a free phone then lol
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