Shop says it didn't receive returned item so won't refund???

Goodnessme

Hi, I sent two items packaged in one bag back to a retailer and they have refunded me for one item but say they never received the other item from their warehouse so they won't refund me.

I have no proof that I sent the item, as I said I just put them both in the same bag as I bought them at the same time so I thought I would return them at the same time.

I can't think of anything I can do about this but it seems unfair that someone in the warehouse opened the bag and only sent one item back to get refunded and the other item just disappeared.

Thanks for any advice

4743hudsonj

What do you want, if you cant prove it was sent then its a lesson learnt the hard way isnt it. In future always return recorded and appropriately insured.

unholyangel

Remember, if it was purchased and covered under the DSR's that the retailer CANNOT made a refund only on receipt of the goods. They have to refund the money whether they receive the goods or not.

However if you canot prove you sent it, you may run into difficulty when they bill you for the item again.

Ste_C

What difference would proof of posting / proof of delivery make in this instance?

Even if they could prove that they sent the package they'd still have no way of proving that both items were in it.

POPPYOSCAR

Did you get a receipt for the postage? This would surely show that the package weighed a certain amount by the cost of the postage and would prove that more than one item had to be in the package.

pipsi_2

If you sent this by recorded delivery or special delivery you may have some level of insurance to claim the value of the missing item, although as the parcel arrived at it's destination the Post Office my not pay out.

It's likely that someone in the warehouse has kept the item and not logged it back in, try and fight it as much as you can, if you're a long standing customer, you may be able to use this good track record in your favour and they may as a gesture of goodwill offer to refund the money.

Definitely right a formal letter of complaint and escalate the issue.

mynameisdave

unholyangel wrote: »

Remember, if it was purchased and covered under the DSR's that the retailer CANNOT made a refund only on receipt of the goods. They have to refund the money whether they receive the goods or not.

However if you canot prove you sent it, you may run into difficulty when they bill you for the item again.

So I don't have to read the whole thing, what part of the SOGA refers to this. It seems unlikely as every chancer under the sun would order, claim they sent it back and demand a refund under DSR?

unholyangel

mynameisdave wrote: »

So I don't have to read the whole thing, what part of the SOGA refers to this. It seems unlikely as every chancer under the sun would order, claim they sent it back and demand a refund under DSR?

Who said anything about SOGA? That is for damaged/faulty items only.

Which is why i said IF it was purchased and is covered by the DSR's, the company cannot make a refund reliant on receiving the goods back and must issue any refund within 30 days.

As of yet we are reliant upon the OP to tell us how the item was purchased, what it was and why they were returning it. Although it is likely from what they have said they didnt purchase it in a shop (as most people would return the item to the shop instead of a warehouse) and have purchased it via internet/phone/mail.......we dont know this for sure. And wont unless the OP returns to enlighten us.

mynameisdave

Sorry, I assumed DSR was a subsection of SOGA.

I just dont see how a merchant would be forced to issue a refund for an item if a person says they want one, without those goods having to be returned.

neilmcl

mynameisdave wrote: »

Sorry, I assumed DSR was a subsection of SOGA.

I just dont see how a merchant would be forced to issue a refund for an item if a person says they want one, without those goods having to be returned.

Perhaps you should read this - http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf Specifically, page 25.

unholyangel

mynameisdave wrote: »

Sorry, I assumed DSR was a subsection of SOGA.

I just dont see how a merchant would be forced to issue a refund for an item if a person says they want one, without those goods having to be returned.

They must issue the refund within 30 days regardless of the goods being returned (DSR only). However, as i said in my first post.......if you couldnt prove you sent the goods back......the retailer CAN bill you for them.

So not so easy to take advantage of the DSR's