Non Delivered goods and consumer rights

bonnyboo

Hi,

My daughter ordered 26 of the same item back in september from a Amazon retailer - the delivery was recieved and we have recently opened the box to wrap the items for christmas.

When opened the delivery note states

13 items delivered (in box) but
13 - delivery next week - stock due in.

so we are missing 13 items - i appreciate that i should have checked this sooner but as both amazon and the tracking label all say one box only & all items delivered (Box 1 of 1 etc) it was taken that all items were there!

I have spoken to the retailer several times and he is unwilling to do anything or help in any way - he just keep stating his T&C's are no refunds after 4 weeks.

But....as the goods were never recieved where do I stand on this? the items were paid with debit card so we are looking at the claim back option but is there anything else that I can do as surely a retailer cannot do this??

They have taken our money and not provided the goods - the store cannot provide any evidence to say the items were dispatached but insists they were.

It is very stressfull as it is a lot of money to lose.

thanks for any advise!

dalesrider

Contact your card provider to dispute for non reciept.
You will need to provide proof of item cost, as you are looking at a partial chargeback.
You need to act fast as you only have 120 days from date of debit to action this, and you will need to fill in paperwork.

paddedjohn

To be fair to the retailer you have had nearly 3 months to inform him that the items are missing, how do you think he will fare now putting in a claim against the courier?

shocky_2

Your delivery note says "13 - delivery next week". If you never received this delivery then you should insist that the merchant puts it right. You aren't asking for a refund simply for delivery of the goods, its not really acceptable or legal that he is refusing to help.

Uncertain

paddedjohn wrote: »

how do you think he will fare now putting in a claim against the courier?

That is not the OP's problem. They still have a right to the good they paid for.

mattyprice4004

youngsolicitor wrote: »

Your delivery note says "13 - delivery next week". If you never received this delivery then you should insist that the merchant puts it right. You aren't asking for a refund simply for delivery of the goods, its not really acceptable or legal that he is refusing to help.

Definitely this.

melbell

I'm siding with the retailer, How do we know that the OP aint pulling a scam here, theyve had since september and could have opened the parcel straight away

paddedjohn

Uncertain wrote: »

That is not the OP's problem. They still have a right to the good they paid for.

What I mean is that due to the OP not doing anything for 3 months the retailer will have litte chance to chase it up so the OP really should shoulder some responsibility. As far as the retailer is concerned the OP could well be pulling a fast one and is quite rightly refusing to help.

pmduk

There seems to be no dispute the first boxes was short. The packing note confirms this. You need to be asking about the location of the second box due to be sent the week after. If necessary claiming via amazon and your card issuer.

I'm sure OP has learned that it's sensible to check these things immediately in future.

bonnyboo

Hi,

Firstly - thank you for the responses.
Secondly - what does OP stand for?

With regards to the courier company - there is nothing to say that any items were given to the courier company.

I have asked numerous times for a dispatch number etc and the seller just provides the one I already have that relates to the box that was delivered - the seller says 2 boxes were dispatched the same day but everything I have - including collection and dispatch info from TNT says Box 1 of 1 only.

Does anyone have any history of PlayDVD? I spoke to CAB and they knew them straight away. Possibly a scam of some sort going on?

thanks again for the comments.

dalesrider

bonnyboo wrote: »

Secondly - what does OP stand for?
?

thanks again for the comments.

OP= origonal Poster :T