Responsibility for chasing a lost package

DMutre

Hi,

i'm been trying to find out who is responsible for chasing a lost package sent by an online retailer through Royal Mail Special Delivery. The retailer is telling me this is me, but I've spent a lot of time calling RM customer service and going to delivery offices to try and pick up the product.

The product has now been marked as delivered but I don't have it and RM have raised an investigation for this.

What are my consumer rights for this when I have been paid for the item and the online retailer is now washing their hands of the transaction?

In addition I have said I want to cancel the order and have a refund and they can chase it with RM and they have told me there will be no refund until the item is returned (even though RM don't know where it is) and it can take 18 working days for me to be credited with this?

If anyone knows what my rights are in this situtaion can you please let me know,

thanks

david

verandi

I don't know for certain but I'm under the impression that it's the sender who needs to claim for compensation for RM. They have the proof of postage after all. This happened to me (except the item was never delivered, RM just lost it) and the seller refunded me and had to begin a claim for compensation to recover the cost.

misssarahleigh

Your rights are with the retailer and the retailers rights are with RM

Inform the retailer in writing that you wish to cancel the order (under the distance selling regulations). Should it eventually arrive you will refuse delivery and it would then go back to them.

As the retailer cannot prove you have the item (since it's 'lost') they cannot refuse to refund you, although they do have 31 days to do this.

mynameisdave

To reject it under DSR surely suggests you have it. And to reject it under DSR requires you to return it. If you dont return it and the company refunds you then they can chase you for loses.

wealdroam

mynameisdave wrote: »

To reject it under DSR surely suggests you have it. And to reject it under DSR requires you to return it. If you dont return it and the company refunds you then they can chase you for loses.

Please don't use the word reject.

Misssarahleigh was right to suggest cancelling the order under DSRs.

Distance Selling Regulations allow one to cancel an order up until seven working days after delivery.
Clearly cancelling before delivery is within that timescale.

mynameisdave

Well we have to assume that the order was delivered recently enough - and it has been delivered according to RM.

misssarahleigh

mynameisdave wrote: »

Well we have to assume that the order was delivered recently enough - and it has been delivered according to RM.

It may have been delivered, but as it hasn't been delivered to the op the company hasn't fulfilled the duty to make sure the buyer has their goods.

The company have employed royal mail to do this, so it's up to them to chase royal mail to get the goods back or payment for them. Not the ops responsibility.