Parcel not delivered by Royal Mail - whose fault?

arcon5

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.

I hardly think a "cross" could be classed as proof of delivery.

daisiegg

Techhead wrote: »

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.

But I have explained in a concise, clear and polite way and they have just said it's not their problem. What more can I say?

unholyangel

daisiegg wrote: »

But I have explained in a concise, clear and polite way and they have just said it's not their problem. What more can I say?

Tell them that they have 30 days from date of order to perform their contractual obligations or to provide a refund if they cannot. That third party contracts have no bearing on your own contract with them.

Until the goods are delivered to you, they retain liability for their care. Any term which tries to pass liability before delivery could be considered an unfair term.

wealdroam

daisiegg wrote: »

But I have explained in a concise, clear and polite way and they have just said it's not their problem. What more can I say?

Then read again the last sentence that you quoted...

Techhead wrote: »

If this doesn't work then write again with a letter before action.

There's a sample here...
http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

daisiegg

wealdroam wrote: »

Then read again the last sentence that you quoted...

There's a sample here...
http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

Thanks - I did not know what the poster meant by a 'letter before action'.

daisiegg

Ok - have just sent another email quite forcibly (though politely of course!) reiterating my position and requesting either a refund or replacement.

I hate this - I am terrible at conflict/confrontation, even through a faceless email!

Thanks again for all advice - I will keep you updated.

unholyangel

daisiegg wrote: »

I hate this - I am terrible at conflict/confrontation, even through a faceless email!

Completely different (imo anyway) being confrontational as opposed to sticking up for yourself/your rights.

daisiegg

Well, about 20 minutes after sending my previous email my phone rang and it was the managing director of the company.

She apologised profusely for the tone of the most recent email from a staff member (which basically said "not our problem, you need to buy another pair") and said she would get another pair posted out to me first class immediately. She completely accepted my version of events and said she could see that the 'signature' was not a signature at all. She said I should have been issued with a replacement item as soon as I sent my first email.



Thanks again for all advice - I am so relieved and my bridesmaid will have some shoes after all!