Retailer not replacing item lost by their courier

starsteel

I ordered an item online on the 27th October and paid for next day delivery. (The company then lost my order and didn't despatch it until the 11th November.) When it was finally dispatched, their couriers lost it or delivered it to the wrong place.

I haven't got anywhere with the couriers, so I went to the online company, told them their couriers had lost my order and asked them to send me a new one with a different delivery company, as it was up to them to make sure I receive it.

This was their reply: "Unfortunately this will not be possible, *** must raise an investigation into whereabouts your order was left, this will include a driver interview and a GPS navigation check, to make sure that the order was sent to the right address. Once in receipt of the information I will hope to resolve the matter as soon as possible and will obviously resend your order if it appears that *** have lost your order."

My contract is with the online company, not the delivery company. After almost a month, I'm not interested in why I haven't received my order, purely the fact that I don't yet have it.

What section of the Sale of Goods act would I need to quote in my reply?

[Deleted User]

I hope you get it sorted. Please keep us informed of future developments.

What's the name of the company and courier?

jools2001_2

I have had this problem with Play.com
customer service with them was absolute rubbish,

If you paid by credit card or debit card, then contact them
and state you have been charged for goods not received,
despite trying to resolve with the retailer for over 30 days
you wish to place the transaction in dispute,

This always works for me, and your fully entitled to do it!

May take a few months to sort out, but cc company should
as mine does, refund the amount back to your account, as soon
as you sign a declaration/dispute form, and send it back to credit card/debit card company,

Usually the company accept the error,and you will get a further letter from your credit card company stating hopefully that the matter has been resolved in full!

Hope this helps :beer:

derrick

KatharineMMA wrote: »

I ordered an item online on the 27th October and paid for next day delivery. (The company then lost my order and didn't despatch it until the 11th November.) When it was finally dispatched, their couriers lost it or delivered it to the wrong place.

I haven't got anywhere with the couriers, so I went to the online company, told them their couriers had lost my order and asked them to send me a new one with a different delivery company, as it was up to them to make sure I receive it.

This was their reply: "Unfortunately this will not be possible, *** must raise an investigation into whereabouts your order was left, this will include a driver interview and a GPS navigation check, to make sure that the order was sent to the right address. Once in receipt of the information I will hope to resolve the matter as soon as possible and will obviously resend your order if it appears that *** have lost your order."

My contract is with the online company, not the delivery company. After almost a month, I'm not interested in why I haven't received my order, purely the fact that I don't yet have it.

What section of the Sale of Goods act would I need to quote in my reply?

Not SoGA but DSR.
[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From page 22; -
“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges. See paragraph 3.20 for more information.

These are Statutory Rights, (not tinpot T&Cs from a company), and cannot be overridden or taken away.


.

starsteel

derrick wrote: »

Not SoGA but DSR.
[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From page 22; -
“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges. See paragraph 3.20 for more information.

These are Statutory Rights, (not tinpot T&Cs from a company), and cannot be overridden or taken away.

Thanks so much for that. It'll also come in handy for some of the women's clothing companies that have told me I can't cancel an order once it has been placed.

I've emailed them the above section from the DSR and asked them to send it out again with a different courier either today or tomorrow morning. If they refuse, I'll then tell them I'm cancelling my order and will I'll dispute it with my credit card provider if they don't refund my money asap.

The courier company that are being less than helpful are DPD. I'm not sure if I want to name the company I ordered from, as I've used them for a couple of years and this is the first time they've been this rubbish.