returned item lost in post, what to do?

ddriver1

Hi,

I purchased some electrical equipment in error, and when I informed the seller that I was going to return the item they gave me a free returns form which is what I used to return my item.

However it's been over a month now and the seller says they haven't received the item. I did give them a scan of my post office receipt and only then did I realise the barcode number was also a royal mail tracking number. Anyway when I tracked the item on royal mail it says it is still being progressed through the network for delivery.

The seller has told me to chase up Royal Mail to resolve the issue. Is this my responsibility? I am OK with doing that but tomorrow the deadline for a paypal dispute closes, so I am wondering whether I should open one just in case there are any other problems further down the line.

Any advice on the issue would be greatly appreciated,

harleq1962

i bought something off ebay a while ago, it was sent and tracked, the postman just passed it to me never asked me to sign anything, it had a tracking number on it, i emailed the seller and told them i had got the item, i checked the item a week later and it still said it was in his part of the country waiting for dispatch,

eBayRipOff

Yes you as the sender is responsible to chase the post, and find out what happen. I am assuming it was not trackable, that is a mistake, but s.. happens. Worth opening a case though before deadline.

the_lunatic_is_in_my_head

eBayRipOff wrote: »

Yes you as the sender is responsible to chase the post, and find out what happen. I am assuming it was not trackable, that is a mistake, but s.. happens. Worth opening a case though before deadline.

This is incorrect, if cancelling under the DSR regs the consumer's duty of care shall end once the parcel is handed over to the delivery agent. The consumer's responsibility is to 'see' that the goods are returned to the retailer and OP has done so with proof (COP).

The retailer needs to refund within 30 days of the cancellation request regardless and resolve any postal loses with Royal Mail. Enforcing this may be difficult.

eBayRipOff

Funny this, first we do not know if seller was private or business seller, that makes a huge difference for the DSR.

So now when seller posts out something, it is all his responsibility to make sure package arrives safely with the buyer, and he must chase up anything with Royal Mail, agreed?

However when Buyer has agreed to return it by post, it is still the seller who is responsible? Now give me a break of this hypocracy, fair enough if buyer had told the seller, you need to sort out collection yourself, and put his foot down and been a jerk, however with Paypal it is normal procedure for this work to provide a return tracking number by the buyer, and confirm pick up by the seller.

You living in fantasy land, utopia, you want to have your cake and eat it too!
No wonder it is f...ed up, as seller should get screwed anyway you guys look at it!

Buyer does not even have to return the item, however keeping it without paying for it, would also make it unlawful and dishonest! Burden of proof is the important thing here, and you should have a tracking number to prove you sent the item back, for Paypal to confirm this. Besides this I would not think Paypal would give you right of way, as you could just be making it up! Harsh but true.

Sender has the duty to make claims against the post office if lost, true or not? This case the sender is the buyer, he should make the claim, not the seller!

ludovico wrote: »

This is incorrect, if cancelling under the DSR regs the consumer's duty of care shall end once the parcel is handed over to the delivery agent. The consumer's responsibility is to 'see' that the goods are returned to the retailer and OP has done so with proof (COP).

The retailer needs to refund within 30 days of the cancellation request regardless and resolve any postal loses with Royal Mail. Enforcing this may be difficult.

the_lunatic_is_in_my_head

eBayRipOff wrote: »

Funny this, first we do not know if seller was private or business seller, that makes a huge difference for the DSR.

Not many private sellers with free post return forms.

eBayRipOff wrote: »

So now when seller posts out something, it is all his responsibility to make sure package arrives safely with the buyer, and he must chase up anything with Royal Mail, agreed?

[STRIKE]No[/STRIKE] Yes of course seller is responsible for out going mail.

eBayRipOff wrote: »

However when Buyer has agreed to return it by post, it is still the seller who is responsible?

Yes

eBayRipOff wrote: »

Now give me a break of this hypocracy, fair enough if buyer had told the seller, you need to sort out collection yourself, and put his foot down and been a jerk, however with Paypal it is normal procedure for this work to provide a return tracking number by the buyer, and confirm pick up by the seller.

You living in fantasy land, utopia, you want to have your cake and eat it too!
No wonder it is f...ed up, as seller should get screwed anyway you guys look at it!

Complain to your MP.

eBayRipOff wrote: »

Buyer does not even have to return the item, however keeping it without paying for it, would also make it unlawful and dishonest!

No they can't just keep the item.

eBayRipOff wrote: »

Burden of proof is the important thing here, and you should have a tracking number to prove you sent the item back,

I think a buyer could successfully argue in court that obtaining a COP was fulfilling their duty of care.

eBayRipOff wrote: »

Besides this I would not think Paypal would give you right of way, as you could just be making it up! Harsh but true.

Paypal require tracking at least showing attempted delivery

eBayRipOff wrote: »

Sender has the duty to make claims against the post office if lost, true or not? This case the sender is the buyer, he should make the claim, not the seller!

Not true, retailer is responsible. trust me I don't like it any more than you do but it's written here:

http://www.legislation.gov.uk/uksi/2000/2334/regulation/17/made

(5) If the consumer—
(a)delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or
(b)sends the goods at his own expense to such a person,
he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.


(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

In most cases a lot of retailers don't know what the DSR regs actually require and the consumer can cancel within 3 months and 7 working days and just make the good available for collection.

hermum

I'd open a case if you only have a day to do so.

eBayRipOff

"he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit"

hermum

eBayRipOff wrote: »

"he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit"

He took reasonable care, as he used the pre-paid postage label supplied by the seller.

Obviously_the_best

However the OP wouldn't win a PayPal dispute with no tracking to show delivery, therefor there isn't any point opening one

hermum

In the time it takes for the dispute to close, the tracking could update to delivered.