Lost parcel, refused compensation

Tiredandfrustrated

I bought a fireguard online, costing just under £100, using my credit card. It was the wrong size so arranged to return it to the company. The company requested I return it to a 3rd party company, and once received and found to be in good condition I would get my refund.

Parcelforce collected the parcel on Friday 7th Dec and delivery was due on Tuesday 11th. On the 18th Dec I realised the refund had not been given, so emailed the original company to check why not. I did not chase it up earlier, as thought it would take a couple of days for it to be checked, the 3rd party to inform the original company, and the payment to be refunded. I did not hear back from them, and then they shut for 2 weeks over Christmas. I emailed again on the 3rd Jan, and the company emailed back on the 8th saying it had not arrived.

I checked the tracking information which stated that parcel had been delivered and signed for. However no one of that name works for the 3rd party company. The delivery driver apparently remembers delivering it to the address, do I was advised to make a claim on the parcelforce insurance. I did this on the 9th Jan, but as this was 3 days over the 30day limit I have been refused.

I lodged an appeal, on the basis of it being over Christmas, but they have emailed back stating that parcelforce expect customers to check delivery 2-3days after delivery date, so I have no grounds for appeal.

Where can I go from here? Thanks

ThumbRemote

Who arrange shipping back to the retailer / third party? If it was them, it should be down to them to sort out.

Tiredandfrustrated

I arranged the collection and shipping, so don't think I have any come back available from the fireguard company itself

terra_ferma

Tiredandfrustrated wrote: »

I arranged the collection and shipping, so don't think I have any come back available from the fireguard company itself

It depends on who the contract is with, if you arranged it by using the information they gave you, and they have contracted PF to collect the parcel, then they should be chasing it.
From your point of view you have evidence of delivery, they only have their words to say they didn't receive it.

However if you have returned it under distance selling regulations, your refund is not even tied to the return of the item, it's worth checking that.
How long after delivery did you request the return? What do they say in their t&c about DSR?

Tiredandfrustrated

The fireguard company requested I return it, and I sorted it all out my end, so they had nothing to do with the collection.

Yes I have evidence that is was delivered and signed for, but the fireguard company says no one of that name works for them, so it can't have been delivered to the correct place, despite the driver apparently saying he did.

I ordered the fireguard on the 28th Nov, not sure of the delivery date, but I contacted them on the 4th Dec to sort refund, so within a week of delivery.

Not quite sure what distance selling regulations are, do you think I should chase the fireguard company still?

terra_ferma

Tiredandfrustrated wrote: »

The fireguard company requested I return it, and I sorted it all out my end, so they had nothing to do with the collection.

Yes I have evidence that is was delivered and signed for, but the fireguard company says no one of that name works for them, so it can't have been delivered to the correct place, despite the driver apparently saying he did.

I ordered the fireguard on the 28th Nov, not sure of the delivery date, but I contacted them on the 4th Dec to sort refund, so within a week of delivery.

Not quite sure what distance selling regulations are, do you think I should chase the fireguard company still?

http://www.adviceguide.org.uk/wales/consumer_w/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/what_do_the_distance_selling_regulations_cover.htm

Under DSR, if the apply to this case, they have to refund even if they haven't received the good, then chase that separately. However I can't say what happens in similar cases, there are too many parts involved.
In my opinion it's not worth pursuing the refund until you have established if the company could take you to court to recover the cost of the item and win.
But someone who has experienced a similar situation may be able to give you advice.

Tiredandfrustrated

Just to update - I contacted the fireguard company to chase up further details about the failed delivery, and she offered an almost total refund which I have accepted. Result! :beer: