Parcel not delivered by Royal Mail - whose fault?

daisiegg

Hi

I hope this is the right place to post this question!

I ordered some bridesmaid's shoes online. These were dispatched on the 15th January.

At the end of January I got in touch with the company I bought the shoes from as I thought it was strange they still had not arrived. They informed me that the shoes had been delivered, and provided me with a Royal Mail tracking number.

When I track this delivery on the Royal Mail website, it shows that the shoes were delivered at 12pm on the 17th January. No one was at home that day. They were a signed for item, and the tracking page shows 'proof of delivery'.

The parcel was supposedly signed for by someone with my last name (not possible), and the signature is just a cross - not a signature at all!! I definitely did not receive this parcel and even if I had, I would not have 'signed' with a cross - I am not illiterate!

I have checked with my neighbours to make sure they didn't accept a parcel (not that they would have called themselves by my name and signed with a cross even if they had!) and they did not.

I have contacted Royal Mail and they have said they will investigate, which will take up to 10 working days. I got back in touch with the company I bought the shoes from and asked if they have insurance or something to cover situations like this and they basically said because Royal Mail says the parcel was signed for, there is nothing they can do and if I want replacement shoes I just have to pay for them again.

I am just wondering where I stand here and if anyone has any advice as to what I should do now? I don't really want to pay out for shoes again and don't feel I should have to!

I ordered the shoes in plenty of time as they are needed for a dress fitting on Saturday, which is now a bit scuppered! I am very annoyed and can't understand how this has happened, or what I should do now

Thanks in advance to anyone who has any advice!

bod1467

Your contract is with the retailer. THEIR contract is with RM.

You have not received the goods - the retailer must PROVE that you have. (Not you must prove you haven't). Go back to the company and insist they complete the contract else you'll raise a chargeback for non-receipt of goods. (Depending on how you paid - how DID you pay?)

daisiegg

bod1467 wrote: »

Your contract is with the retailer. THEIR contract is with RM.

You have not received the goods - the retailer must PROVE that you have. (Not you must prove you haven't). Go back to the company and insist they complete the contract else you'll raise a chargeback for non-receipt of goods. (Depending on how you paid - how DID you pay?)

Thanks very much.

I paid by debit card.

Not to sound too pathetic but any suggestions how I should word it if I go back to the company? The last email I had from them simply said: "Thank you for your email, i am afraid because they have been signed for we will not be able to claim from Royal Mail. You will need to reorder the shoes" and that was that!

pinkshoes

I would reply and say that the shoes have NOT been signed for, as all it shows is a cross. I would also say that you can prove you were out all day, so have definitely NOT signed for them. I would then say that the contract is between them and RM, so you would like a refund within the next 7 days.

daisiegg

Just checked the Ts and Cs on their website and it says:

We will not accept liability for goods lost in transit unless we are notified within 2 days from expected delivery date.
We shall accept no liability for shortages, non deliveries, incorrect goods or damaged on delivery outside the stated timescales. Except when extenuating circumstances have prevented the notification within the stated timescale.



I didn't notify them within two days of expected delivery date (although I wasn't actually given an expected delivery date - just told that they had been dispatched?). I just didn't know how long the parcel should have taken to arrive and we had a whole week with no mail whatsoever due to snow, so it was nearly two weeks by the time I raised an issue. So according to their terms and conditions that means they won't take responsibility?

dalesrider

daisiegg wrote: »

I paid by debit card.

Not to sound too pathetic but any suggestions how I should word it if I go back to the company? The last email I had from them simply said: "Thank you for your email, i am afraid because they have been signed for we will not be able to claim from Royal Mail. You will need to reorder the shoes" and that was that!

Contact your bank. Ask for the disputes department and get a non reciept chargeback actioned.
It is then upto the retailer to prove delivery. As they are unable to as the goods were not signed by yourself.
Jobs a good un.

You have done more than enough to resolve.

halibut2209

daisiegg wrote: »

Just checked the Ts and Cs on their website and it says:

We will not accept liability for goods lost in transit unless we are notified within 2 days from expected delivery date.
We shall accept no liability for shortages, non deliveries, incorrect goods or damaged on delivery outside the stated timescales. Except when extenuating circumstances have prevented the notification within the stated timescale.



I didn't notify them within two days of expected delivery date (although I wasn't actually given an expected delivery date - just told that they had been dispatched?). I just didn't know how long the parcel should have taken to arrive and we had a whole week with no mail whatsoever due to snow, so it was nearly two weeks by the time I raised an issue. So according to their terms and conditions that means they won't take responsibility?

Those terms are meaningless and do not overwrite your legal rights. Ignore them.

custardy

does the tracking show a delivery from your local delivery office?
what service did they use? Tracked?

arcon5

How about something like (check spelling etc)...:

Thank you for providing tracking information.

However that does not resolve my query. The signature provided by RoyalMail is a dash and therefore does not show where the parcel was delivered or who took receipt of it.

I reiterate my previous email, I have not received these goods and very disappointed a resolution has not been offered yet.

I request either you issue a replacement item or refund my money. Please advise me which option you will be choosing at the earliest convenience?

Regards

Their terms are irrelevant.

daisiegg

custardy wrote: »

does the tracking show a delivery from your local delivery office?
what service did they use? Tracked?

Um, first class recorded delivery I think, and yes it shows it was delivered from my local delivery office.

Techhead_2

bod1467 wrote: »

Your contract is with the retailer. THEIR contract is with RM.

You have not received the goods - the retailer must PROVE that you have. (Not you must prove you haven't). Go back to the company and insist they complete the contract else you'll raise a chargeback for non-receipt of goods. (Depending on how you paid - how DID you pay?)

My option is that the retailer can show that in likelihood the goods were delivered as they have proof of posting and proof of delivery.

The OP is disputing this; and while it may not be good customer service; there is nothing wrong in the company insisting that the OP convince them that the goods weren't delivered.

This doesn't mean the OP has to turn detective and hunt down the package. As Royal Mail are investigating; the best approach is to write to the retailer in an open and honest way with a concise and clear explanation of what happened. If this doesn't work then write again with a letter before action.