What are my legal rights regarding a parcel not received?

SueTheBlue

Hi, first time posting on Forum, so bear with me

I ordered a T shirt from an online company called TShirtSubway on the 13th December 2010, paid by Barclaycard. Didn't receive the parcel, but assumed that due to the weather over Christmas, delayed mail,etc I would eventually receive it. Finally on 4th January I contacted TShirtSubway, and they said they would chase my order up with Royal Mail. I contacted them again on the 14th January, and they stated that they had been in touch with Royal Mail, who didn't appear to have a reason for the lost parcel, and that they had duly sent out another T shirt (14th January). Today I contacted them again, having still not received the T shirt, and they said they would check it out with Royal Mail again.

To be honest, I am now more interested in a refund, as this has gone on for far too long, but wondered if someone could tell me what my rights are regarding this? Any help gladly appreciated...thanks

Sue

fluffnutter

To paraphrase Oscar Wilde... To lose one order is unfortunate, to lose two is merely careless. See what they say once they've checked with RM. If your T shirt is not forthcoming in the next couple of days, either by RM or by specially-appointed courier, then ask for a refund. You would appear entitled to this. They're not exactly keeping their side of the contract.

And do NOT be fobbed off with any 'this is RM's problem, there's nothing we can do'. Your contract is with TShirtSubway. They must ensure delivery, regardless of method or third party failure.

SueTheBlue

Thanks for the help, I will probably leave it until after the weekend and then get in touch with TShirtSubway for a refund

Sue

derrick

SueTheBlue wrote: »

but wondered if someone could tell me what my rights are regarding this? Any help gladly appreciated...thanks Sue

[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.


From page 25; -
paragraph 3.64. Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund.


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SueTheBlue

Have now emailed TShirtSubway twice, stating that I am requesting a refund as I still haven't received the T shirt(s), so far no reply. The order only came to £19.97 (including postage) was wondering if I would be able to claim the money back from Barclaycard? Can anyone help with this?

Thanks
Sue

derrick

SueTheBlue wrote: »

Have now emailed TShirtSubway twice, stating that I am requesting a refund as I still haven't received the T shirt(s), so far no reply. The order only came to £19.97 (including postage) was wondering if I would be able to claim the money back from Barclaycard? Can anyone help with this?

Thanks
Sue

Report the company to Trading Standards for refusing you your Statutory Rights, and do a Chargeback from your bank, assuming it is a VISA card.


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SueTheBlue

Thanks for the advice, I paid using my credit card (Barclaycard) so don't think I would be able to use Chargeback...but will definitely inform Trading Standards

Sue

SueTheBlue

Ah, just noticed it also applies to Visa credit cards, so I should be OK

fluffnutter

SueTheBlue wrote: »

Have now emailed TShirtSubway twice, stating that I am requesting a refund as I still haven't received the T shirt(s), so far no reply. The order only came to £19.97 (including postage) was wondering if I would be able to claim the money back from Barclaycard? Can anyone help with this?

Thanks
Sue

Not usually. The Consumer Credit Act makes the credit company jointly liable but only for sums between £100 and £30,000. Although there's no harm in asking... Is it Visa?

Edit: Just seen your post. Visa allows for chargeback even on credit cards so you could try this

derrick

SueTheBlue wrote: »

Thanks for the advice, I paid using my credit card (Barclaycard) so don't think I would be able to use Chargeback...but will definitely inform Trading Standards

Sue

You can if it is a VISA CC, from my link above;-

Addendum: This Visa Chargeback Scheme also applies to Visa Credit Cards

Edit, I see you have now seen it

SueTheBlue

Update

TShirtSubway have just contacted me to say that they have now issued me a refund and have also dispatched a 3rd T shirt, which should be with me in 2 - 3 days. I am now cautiously optimistic that the problem has been dealt with, will have to play it by ear.

Thanks for all your advice

Sue