Pricedrop tv and Post Office

kellyn1201

Ok I will try and make this as quick as I can, although its quite a long story.

My Dad ordered some digital home phones from Pricedrop, which were faulty.

He phoned Pricedrop, and was told they didn't have anymore in stock and no idea when they would have more. He sent the phones back for a refund, waited for refund to come through and then bought himself some new phones from Argos.

Then a package arrives from Pricedrop, and it turns out to be replacement phones. Dad phoned them, was told sorry about the mistake send them back recorded delivery and we'll refund you.

Dad went to post office, was told can't send parcels recorded, and just given a standard receipt. Not knowing anything about the postal system, my dad didn't realise that instead of giving him another trackable means of post they had just given him proof of posting.

Pricedrop are now saying the phones have not been returned and are refusing to refund him. Post office saying he is only covered to £32 - phones worth £80.

Sorry this seems to be going on forever. My main questions are:

1. Seeing as he did not even order these replacements is it really his responsibility to send them back and now be £80 down for their mistake?

2. Is it worth complaining to the post office - they did not ask him if it needed proof of delivery even though he originally requested Recorded.

3. Surely the post office should have asked him the value of the parcel?

If anyone made it to the end, my dad would be very grateful for any advice.

soolin

1. No he should not be out of pocket due to a mistake on behalf of the shopping channel people. However, he did fail to follow their suggestion as to postage methods, and since they asked for recorded (which would only have covered up to £32 anyway) they obviously have delivery problems their end.

2. It's always worth complaining to the Post office and to Post Watch. However, I'm sure they will just say that they won't arbitarily change a postage method without agreeing this with the sender frst. My own post office for instance, if I asked for recorded might suggest parcel post as being cheaper as both give up to £32 of protection against loss. By asking for recorded they probably assumed the item was only worth up to £32.

3. No, some post offices do as they try to upsell their services. However, I think they assume most senders know what they are doing and won't question everything that goes over their counter.

Personally I would make a formal complaint to the shopping channel.

kellyn1201

What if you receive goods or services you haven't even ordered?

If you receive goods that you have not ordered or that have not been ordered on your behalf, and it looks like the trader has deliberately sent them to you, you can keep them. You are under no obligation to return them to the supplier and it is illegal for a supplier to request payment from you. In effect, you can treat them as a gift.

It is equally illegal for a supplier to perform services for you that you have not ordered and then demand payment.

If a business seeks payment for unsolicited goods or services, they are committing an offence – tell your local trading standards authority.

Do you think my dad has any rights under this from the OFT (may be a long shot!)

furrypolka

I'm afraid not. This guidance relates to unsolicited goods. As your dad had had a contract with the trader at one time, the goods were not unsolicited. They were clearly sent in error but this is not the same thing.

I would tend to agree with Soolin, yes the company made a mistake in sending them out but they did give instruction on how to send them back which unfortunately your dad did not follow, you need to go back to the Post Office on this point as they may have misled him but it's hard to prove - especially all done verbally.

I would complain to the trader regarding the original mistake (although I doubt you can take this very far as they had taken steps to put it right and it's not their fault if your dad did not follow these instructions), and also to Royal Mail for their poor advice which led to your father not insuring the parcel for its value.

It's a tricky one though, I do sympathise, but it may be hard to get a result if Royal Mail are refusing to take any liability for your dad sending it parcel post. Especially if the protection from both this and recorded delivery would be the same anyway.