Parcel marked 'delivered' but never arrived? Why it's the seller's problem, not yours

What's happened

The busiest weeks of the year for parcels are about to start. Halloween, Black Friday and Christmas orders will all be on the move in the next ten weeks, and last year plenty went astray.

In its latest parcels league table, published last November, Citizens Advice found that 37% of people had a problem with their most recent delivery. That's about 15 million people, a record. The most common complaints were drivers leaving before the person got to the door (29%), parcels left somewhere insecure (24%) and parcels arriving late (24%). Almost half (47%) of people who had a problem then struggled to get it sorted.

The most frustrating version is the parcel that the tracking says was "delivered" but that you never received. Too often the shop tells you to take it up with the courier. You don't have to: the law puts the responsibility on the seller.

What the law says

Two sections of the Consumer Rights Act 2015 do most of the work.

• Section 29: the risk stays with the seller. Goods "remain at the trader's risk" until they come into your physical possession, or the possession of someone you've named to take them in. If the courier leaves your parcel at the wrong house or it vanishes from a doorstep you never chose, that's the seller's loss, not yours. The exception is if you hired your own carrier, one the seller didn't offer.
• Section 28: the seller must deliver on time. If no date was agreed, goods must arrive without undue delay and within 30 days of the contract. If the seller misses a delivery date that was essential, either because you told them before you ordered or because it was obvious (a costume for a party on a fixed day, say), you can treat the contract as ended. If the date wasn't essential, you can set a reasonable new deadline, and if that's missed too, you can cancel. Either way, the seller must refund everything you paid "without undue delay".

Your contract is with the seller, not the courier. Citizens Advice says chasing the delivery firm is the seller's job and "not your responsibility".

There's one important catch. If you told Royal Mail or a courier to leave a parcel in a safe place or with a neighbour, and it was left there, Citizens Advice says the seller isn't responsible if it then goes missing. Choosing a safe place moves the risk on to you.

What it means in pounds: two worked examples

The parcel that went next door. Priya buys a £240 TV, paying £4.99 for delivery, so £244.99 in total. The tracking says "delivered" and the delivery photo shows a door that isn't hers. She never chose a safe place. Under section 29 the TV was still at the seller's risk, so the seller must either send another one or refund all £244.99, delivery charge included. If the seller refuses, she paid by credit card and the TV cost more than £100, so she can also claim from her card provider under Section 75 of the Consumer Credit Act.

The costume that came too late. Tom orders a £45 costume with £3.99 delivery on 20 October and states in his order notes that he needs it for a party on 31 October. It turns up on 4 November. The date was essential and he said so before buying, so he can treat the contract as ended, send the costume back and get the full £48.99 back.

What to do now

1. Search properly first. Check your porch, bins, shed and any safe place you've chosen, and ask neighbours and family. Look at the delivery photo and the location recorded in the tracking, not just the word "delivered".
2. Save the evidence. Screenshot the tracking, the delivery photo, your order confirmation and any chat with the seller. Keep a note of phone calls.
3. Contact the seller, not the courier. Write, and say whether you want it resent or refunded.
4. Set a deadline. If the delivery date wasn't essential, give the seller a reasonable final date. If they miss it, cancel and ask for a full refund.
5. Go to your card provider if the seller won't help. For credit card purchases between £100 and £30,000, claim under Section 75. For debit cards, or anything under £100, ask your bank for a chargeback. Which? says the time limit is usually 120 days from the payment, or from when you expected the goods to arrive.
6. Think twice about safe places this Christmas. If you don't want parcels left with neighbours, Royal Mail has an online form to opt out.

Your questions answered

The seller says the tracking shows it was delivered. Is that the end of it?

No. A "delivered" scan shows what the courier recorded, not that you actually received the goods. Under section 29 the risk only passes when the goods come into your physical possession, or that of someone you've named. Ask the seller for the proof of delivery, and use the photo and the recorded location to show it went to the wrong place.

What if I asked for it to be left with a neighbour?

If the parcel went where you told the courier to leave it, Citizens Advice says the seller isn't responsible if it then goes missing. If it was left anywhere else, it's still the seller's problem.

Do I have to pay to return a late item if I cancel?

The Act says the seller must refund all payments you made if you end the contract for late delivery. Ask the seller how they want the item back, and keep proof of postage if you send it.

Does this apply to marketplace sellers?

Yes, if they're a business. Your rights are against whoever sold you the goods, which on a marketplace may be a third-party seller rather than the website.

Sources: Consumer Rights Act 2015, section 29, Consumer Rights Act 2015, section 28, Citizens Advice parcels league table, Citizens Advice: if something you ordered hasn't arrived, Which?: how to use chargeback