Illegal and/or immoral?
Illegal and/or immoral?
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Discussion

brrapp

Original Poster:

3,701 posts

192 months

Tuesday 31st October 2017
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The initial message was deleted from this topic on 26 April 2018 at 09:15

Chessers

746 posts

242 months

Tuesday 31st October 2017
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I would say that it's not really the senders fault that your courier is a f**kwit...

Personally I would return it along with a note saying the courier left it in a bin at the wrong address and a neighbour very kindly returned it.

Hopefully the sender will stop using that specific courier company.

SantaBarbara

3,244 posts

138 months

Tuesday 31st October 2017
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Send a marked and tracked package via this courier and follow its progress until you catch him red handed

AyBee

11,330 posts

232 months

Tuesday 31st October 2017
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How would anyone apart from you know? Oh.... wink

SantaBarbara

3,244 posts

138 months

Tuesday 31st October 2017
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Catch him in the act of stealing some thing then.

RizzoTheRat

28,959 posts

222 months

Tuesday 31st October 2017
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Presumably if it was relatively valuable the sender would have used some form of guaranteed/insured delivery so they can claim the cost of the missing item back from the courier?

I had a note through the door from a courier a while back saying they'd left my parcel with a neighbour, but that house has been empty for months. I was refunded and the vendor sent a new one...which came through my letter box. When the neighbour came round to check on the empty house some weeks later he dropped round my parcel. It appears that because I was out the courier had put it through the neighbours letter box and then a note through my letter box. confused

As for your question, I've ended up keeping both of them. Morally incorrect but not hugely valuable and I couldn't be bothered.

deckster

9,631 posts

285 months

Tuesday 31st October 2017
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Chessers said:
I would say that it's not really the senders fault that your courier is a f**kwit...
Disagree. The sender chooses to use the courier and is ultimately responsible for making sure that it is delivered correctly. It is the sender that has a contract with the courier after all - you as the recipient have no influence over or contract with the courier.

That said if the OP now has the original item then absolutely he should inform the sender of the fact, and invite them to pick it up at his convenience. 99% of the time they will say just keep it, but he will have fulfilled both his legal and moral obligation at that point.

gsxr renegade

126 posts

145 months

Tuesday 31st October 2017
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RizzoTheRat said:
Presumably if it was relatively valuable the sender would have used some form of guaranteed/insured delivery so they can claim the cost of the missing item back from the courier?
Unfortunately not always. The couriers we use for work don't just roll over and accept it if the customer says it didn't arrive.

If the courier company have delivered it to a neighbor/left in a safe place etc. etc. they will, sometimes, not consider it a valid claim for the parcel so won't pay out.

gsxr renegade

126 posts

145 months

Tuesday 31st October 2017
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brrapp said:
I am seriously considering keeping it and not telling the sender. I'm pretty sure of my moral stance as the value just about compensates for the pain and frustration which we've experienced. But not sure of the legal situation. Would I be a criminal if I kept it ?
Personally, i wouldn't. The seller may have sent you one as a gesture of goodwill out of their own pocket and not claimed from the courier. As mentioned above, i'd just let them know, then the ball is in their court if they want to arrange to have it collected.

superlightr

12,920 posts

293 months

Tuesday 31st October 2017
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brrapp said:
I hate fking couriers!

We've had a problem for years, mostly from one particular courier who's winged feet seem to be a bit rusty.

We live in a remote area and almost all my neighbours have tales of lost and delayed parcels. We've complained till we're blue in the face and try to avoid this particular courier when possible, but sometimes we don't get the choice and we're stuck with waiting for weeks to find out if our parcel is going to arrive or will disappear into the void forever.

My most recent episode involved a relatively high value (for a small parcel) item ordered from the one breasted ladies and which failed to arrive. After 2 weeks of chasing it, it was concluded that the courier had left it in our bin half a mile from our house at the bottom of the drive on bin collection day and it had 'mysteriously' disappeared along with all our rubbish before we could get to it. (We had no way of knowing it was in the bin as the courier didn't come up to the house or message us to let us know where he'd left it. A week later, we received a refund from the seller.
Roll on another 2 weeks and a neighbour who lives 5 miles from us popped round to say he'd returned from working abroad and found a parcel addressed to me in his bin. The packaging was damaged but the item is fine.

I am seriously considering keeping it and not telling the sender. I'm pretty sure of my moral stance as the value just about compensates for the pain and frustration which we've experienced. But not sure of the legal situation. Would I be a criminal if I kept it ?
How much is it worth? just curious.

addsvrs

588 posts

246 months

Tuesday 31st October 2017
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Its not as easy as just changing the courier, Op posted that its a remote area so I imagine the sender doesn't have much choice. I know im restricted to only a few couriers if im sending to scottish highlands / islands or Northern Ireland

anonymous-user

84 months

Tuesday 31st October 2017
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brrapp said:
I Would I be a criminal if I kept it ?
Yes. You would be committing an offence under the theft legislation, and also committing the civil wrong known as conversion. The chances of you being prosecuted or sued are probably not high, but that is the strict legal position.

Derek Smith

49,892 posts

278 months

Tuesday 31st October 2017
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You ask, at least in the subject line, if keeping the item is immoral. That's for you to decide. Morals are personal. They can't be imposed from outside, that's the function of laws.

The scenario is one similar to that used in teaching theft and I'd suggest it is theft.

Just because an act is against the law does not make it immoral. Similarly, just because there isn't a law against an act doesn't make it moral.

You know if keeping the item is wrong.

My view, which I accept you haven't asked for, is that it is wrong to ask for absolution via the PH massive.




Rude-boy

22,227 posts

263 months

Tuesday 31st October 2017
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Honestly i would drop the seller an e-mail asking them what they want me to do about it and if any of those options is going to cost me more than a few minutes with an envelope and a pen how they intend to reimburse that.

Would be a nice letter, but dripping with FFS use a decent delivery company and then none of this st would have happened.

Richard-390a0

3,525 posts

121 months

Tuesday 31st October 2017
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This ^^^^^^^^^

superlightr

12,920 posts

293 months

Tuesday 31st October 2017
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Rude-boy said:
Honestly i would drop the seller an e-mail asking them what they want me to do about it and if any of those options is going to cost me more than a few minutes with an envelope and a pen how they intend to reimburse that.

Would be a nice letter, but dripping with FFS use a decent delivery company and then none of this st would have happened.
yes let them know, put the ball in their court, express your concern over the courier and hassle to you as a client.


What was the £100 item? again just curious?

Foliage

3,861 posts

152 months

Tuesday 31st October 2017
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Neither illegal or immoral.

Serendipity

anonymous-user

84 months

Tuesday 31st October 2017
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Foliage said:
Neither ....or
Your grammar is about as good as your legal advice!

anonymous-user

84 months

Tuesday 31st October 2017
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For some reason it still surprises me how someone can (presumably) read the replies then proceed to post and provide the wrong answer.

anonymous-user

84 months

Tuesday 31st October 2017
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I think that only about half of PH posters read threads before posting in them. That's a very rough guess.