Returned item to retailer who says it was not delivered.

MicroMantis

Hi There,

Purchased an item from an online shop, using a credit card in January.

The item quickly developed a fault, so after speaking with the retailer, I returned the item and expected a refund.

I returned the item on 1st Feb using Royal Mail Tracked Signed For, and the item was delivered 2 days later and signed for.

The retailer is now saying that the item was not received, even though the tracking information confirms the item was delivered and signed for.

After speaking with the retailer, he advised me to make a claim with Royal Mail for the item, and he will back me up.

I was wondering where I stand here, as Royal Mail have advised that as far as they are concerned the item has been delivered, so can I take it up with the card company to cover me?

I have spoken with the card company who said that its an issue I need to take up with Royal Mail, but I cant help getting the feeling that they are just fobbing me off.

Can anyone advise on where I stand in this situation?

suburbanwifey

Easy. You have proof you sent the item back and they have it. Don't argue with them any more, phone your bank and request a chargeback. Explain what happened, tell them you can supply proof that they have it back (online tracking number) you get your money back immediately. The credit card company then thrash it out with the retailer, you have your money back. Simple - get on the phone to them now and get your money back. Its up to the retailer to worry about claiming whatever with Royal Mail, not you, you have proof of delivery.

bris

suburbanwifey wrote: »

Easy. You have proof you sent the item back and they have it. Don't argue with them any more, phone your bank and request a chargeback. Explain what happened, tell them you can supply proof that they have it back (online tracking number) you get your money back immediately. The credit card company then thrash it out with the retailer, you have your money back. Simple - get on the phone to them now and get your money back. Its up to the retailer to worry about claiming whatever with Royal Mail, not you, you have proof of delivery.

Well they have proof something was sent back, it could have been a stick of chewing gum for all anybody knows (devils advocate). The thing to do is have Royal Mail look into this and start a claim through them, it could also be that it was delivered to the wrong address. I would look at the reviews for the online shop to determine what kind of reputation they have, this can go a long way to see whether they are genuine or not.

MicroMantis

Thank you for such a fast response!

I am also an online seller, and sent the item back using my account with Royal Mail.
I don't know if that makes a difference or not, but from what you have said I cant see why.

The card company told me its for me to take up with Royal Mail, so is this wrong, and can I still get a chargeback?

Thanks again for such a fast answer!

MicroMantis

bris wrote: »

Well they have proof something was sent back, it could have been a stick of chewing gum for all anybody knows (devils advocate). The thing to do is have Royal Mail look into this and start a claim through them, it could also be that it was delivered to the wrong address. I would look at the reviews for the online shop to determine what kind of reputation they have, this can go a long way to see whether they are genuine or not.

The 'online shop' in question works from home, so the item was delivered to his home address.
He has told me that he is the only one in the business.

I just found it odd that as soon as I questioned the refund, his immediate response was that I should put a claim in with Royal Mail and that he would back me up. That is what made me thing that he has the item, but does not want to refund it.

I sent an empty envelope to him the other day, and surprise surprise, that was not delivered to the wrong address.

suburbanwifey

Micromantis, the card company CANNOT refuse a chargeback if you have grounds, its not for them to tell you to take it up with Royal Mail. Its for them to charge back the amount charged to your card and then up to the retailer to prove otherwise. If you have proof of your return, you are in the clear for a chargeback. Who is the online retailer in question? I shop an awful lot online, see if I have experience of them, who is it?

If I was you, I would be on phone now demanding chargeback, stating I have proof of return. Simples.

suburbanwifey

Is this an eBay online shop we are talking? where you bought the item from? did you pay via credit card or paypal?

dalesrider

Technically for faulty goods chargeback, they have to be faulty from when you recieved them. It does not cover a devolping fault.

Were they?

If they were then there is a chargeback option. You will have to allow 15 days from return of the item before it can be actioned. You will also have to provide proof of delivery. Which you have. A print out of the royal mail page is great.
You won't be able to claim back the postage, but you can claim back for the faulty item.

If the item was fine at 1st. then there is no chargeback option. And the only option is via royal mail.
Perhaps a doulbe check by sending a letter via recorded to the co, to see if the signature is the same....

Unlike suburbanwifey says. You will not get a immediate refund. It will take a couple of days after you have returned the paperwork you will have to fill in. Before you see the refund.

suburbanwifey

dalesrider wrote: »

Technically for faulty goods chargeback, they have to be faulty from when you recieved them. It does not cover a devolping fault.

Were they?

If they were then there is a chargeback option. You will have to allow 15 days from return of the item before it can be actioned. You will also have to provide proof of delivery. Which you have. A print out of the royal mail page is great.
You won't be able to claim back the postage, but you can claim back for the faulty item.

If the item was fine at 1st. then there is no chargeback option. And the only option is via royal mail.
Perhaps a doulbe check by sending a letter via recorded to the co, to see if the signature is the same....

Unlike suburbanwifey says. You will not get a immediate refund. It will take a couple of days after you have returned the paperwork you will have to fill in. Before you see the refund.

I have cards with several major banks and have had a chargeback within 10 minutes in such an occurrence. Maybe your bank is different? There is also the sale of goods act and the term 'fit for purpose' either way he has grounds for a chargeback if the retailer (eBay shop??) does not want to play ball. Fact.

MicroMantis

suburbanwifey wrote: »

Is this an eBay online shop we are talking? where you bought the item from? did you pay via credit card or paypal?

Its not an eBay seller, its an online shop that sells knives.

dalesrider

suburbanwifey wrote: »

I have cards with several major banks and have had a chargeback within 10 minutes in such an occurrence. Maybe your bank is different? There is also the sale of goods act and the term 'fit for purpose' either way he has grounds for a chargeback if the retailer (eBay shop??) does not want to play ball. Fact.

Not a case of my bank.... Its a case of Visa/Mastercard regulations.
I work chargebacks. So I am the person you speak to at the other end.
So as I said before. No chargeback if its not faulty from when recieved.
In this instance certainly as far as Visa goes it requires paperwork before any chargeback can be actioned.
So while it can be agreed that a chargeback can be made, its not done till the paperwork is returned.

Sale of goods act or fit for purpose has nothing to do with ANY chargeback. That is a legal right YOU have ot thrash out with the retailer.

Other option could be S75. But we have no details on the amount, or if it is a direct purchase to the retailer of via paypal/ebay/google etc.

Now intreaged how a knife devolps a fault.