Distance Selling Regulations - Missing Returned Goods

Uncertain

jonnyd281 wrote: »

I'm just looking at my receipt for an item I returned SD, it's entirely printed including the postcode and "building name or number", nothing on it is hand written.

Although that is becoming more common it is by no means universal. Also, as I read it, the item was just sent by ordinary mail and not SD. This increases the chance of a hand written (scrawled!) C of P.

The system isn't perfect by any means. As stated it doesn't prove what was sent. It may or may not show the weight. It may or may not show the postage price (which would give some clue to the weight).

Unfortunately (IF he is indeed being ripped off) the OP is on a loser here. The distance selling regulations are clear and the normal legal presumption is that mail is delivered.

raineshoe

terra_ferma wrote: »

just out of curiosity, how did you know they were pulling a fast one, proof or just assumption?

Just because of all that went on which is more involved than I can post on a forum or would wish to. Needless to say I don't sell to that person any longer. They are barred.

somethingcorporate

Uncertain wrote: »

The distance selling regulations are clear and the normal legal presumption is that mail is delivered.

Anything to back that up?

I thought the normal legal presumption is that proof of postage does not constitute proof of delivery.

Optimist

somethingcorporate wrote: »

Anything to back that up?

I thought the normal legal presumption is that proof of postage does not constitute proof of delivery.

He is referring to the "postal rule", this is for documents and it is presumed that a letter sent first class post is delivered the second day after posting.

If you have proof of posting for a LBA it would be hard to persuade a court that said letter wasn't received.