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replacement for item "lost in post"

I ordered a game from an Amazon reseller which he now claims was lost in the post. I have asked for the tracking ref but I am not convinced that he has actually sent it.

The problem is that to buy this game from another source will cost more money.

Can I somehow claim the excess costs from the seller since he has not yet fulfilled the contract between us?
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Comments

  • Hailz86
    Hailz86 Posts: 340 Forumite
    claim from royal mail, using reciepts and print outs of the purchase page x
    2012 Wins - Danepak Fridge Magnet, £20 Just Eat Voucher, iTunes Song Download, Yellow Toaster and Kettle, Thorntons Bunny, 6 Months Gym Membership, £250 Multipower Products, 3 X Dalepak Vouchers, 10 minute sunbed session, Lucozade Sport, 2 X BMI Flights, Android Zeemote,
  • n3phi1im
    n3phi1im Posts: 220 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hailz86 wrote: »
    claim from royal mail, using reciepts and print outs of the purchase page x


    How can that help? Surely the contract to deliver the item is with the seller not me.
  • nobblyned
    nobblyned Posts: 705 Forumite
    No.

    The seller owes you another item or a refund. Compensation above the refund because it costs more elsewhere isn't going to happen.
  • n3phi1im
    n3phi1im Posts: 220 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    nobblyned wrote: »
    No.

    The seller owes you another item or a refund. Compensation above the refund because it costs more elsewhere isn't going to happen.


    I guess what I am getting at is since he is under contract to provide the item, can I insist that the seller provide a replacement even if it means he has to go buy it himself? Or can he insist on a refund?
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    I think you would be pushing your luck to expect the seller to go and buy another to send to you. A full refund should be expected for the item you didn't receive and then you'll just have to fork out the extra. How much extra are we talking here?
  • soolin
    soolin Posts: 73,526 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree with the others, the seller is only required to offer a full refund if a replacement is not possible.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Hailz86
    Hailz86 Posts: 340 Forumite
    ask the seller to claim from royal mail, as he should have all the items needed to prove it was sent x
    2012 Wins - Danepak Fridge Magnet, £20 Just Eat Voucher, iTunes Song Download, Yellow Toaster and Kettle, Thorntons Bunny, 6 Months Gym Membership, £250 Multipower Products, 3 X Dalepak Vouchers, 10 minute sunbed session, Lucozade Sport, 2 X BMI Flights, Android Zeemote,
  • molerat
    molerat Posts: 33,893 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There may be a case for loss of bargain as the seller has not fulfilled the contract. This would have to be proved in court and if the judge found that the problem was out of the sellers control, which I think would be likely, it would be very costly for the OP. The common sense approach would be to ask for a full refund and move on.
  • renegade
    renegade Posts: 1,282 Forumite
    This has happened to me. I simply got in touch with Amazon, they sorted it out with the seller and I got a full refund.
    You live..You learn.:)
  • bap98189
    bap98189 Posts: 3,801 Forumite
    Part of the Furniture 1,000 Posts
    Hailz86 wrote: »
    ask the seller to claim from royal mail, as he should have all the items needed to prove it was sent x

    How will that help? The seller may get some money back from Royal Mail, but they will not issue any compensation and in fact are unlikely to even give out the amount you paid for the product.

    When a business puts in a claim from Royal Mail for lost items, you have to provide a copy of an invoice or receipt showing the purchase price of the product. This is the maximum they will then reimburse you for, not the selling price.
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