Claim refund from seller or royal mail?

Cpu2007

I hope someone can give me an advice on this matter.

A month ago, I've received an ink pack for my printer (around £10), the item was not the one I asked for and I asked the seller that I'd like to return the item for a refund as the did not have the one compatible for my printer.
He/she agreed, I sent the item back (non signed, just second class).
After a week I asked him whether I could get the refund but he stated that he did not receive anything, same thing when I called him after a month.

Is it possible for me to get a refund even though he claims that the item wasn't received.

How can solve this problem?

Thank you

browneyedbazzi

I presume when you say 'buyer' you mean 'seller'??

Did you get a proof of postage from the post office when you sent the item back?

You may be able to claim from Royal Mail:

http://www.royalmail.com/personal/help-and-support/royal-mails-claims-process-for-loss-damage-and-delay

wealdroam

Did you get a Certificate of Posting when sending the thing back?

If so, claim off Royal Mail.

Otherwise, sorry, it is your loss.

Not sure what 'Claim refund from buyer' means in the thread title?

Cpu2007

thank you
and sorry, Can I change the title? I meant seller and amended it in my first post.

Yes I do have the receipt but is not tracked or anything, just a proof of when I sent it.

marleyboy

If you merely posted back the item 2nd class, there is no evidence item has been returned and you don't have a leg to stand on for any claims.

Cpu2007

That's what I was thinking but the problem is the item isn't that expensive and I decided to use the non-signed option. I understand that there's no possibility to know the whereabouts of the item but does that mean that I cannot get a refund even though the seller is saying he/she did not receive anything.

wealdroam

Cpu2007 wrote: »

thank you
and sorry, Can I change the title? I meant seller and amended it in my first post.

Yes you can. Go into edit. Then choose Go Advanced, then adjust your title as required.

Cpu2007 wrote: »

Yes I do have the receipt but is not tracked or anything, just a proof of when I sent it.

If it says certificate of posting on it then use the link provided by Browneyedbazzi to make a claim.

Cpu2007 wrote: »

I understand that there's no possibility to know the whereabouts of the item but does that mean that I cannot get a refund even though the seller is saying he/she did not receive anything.

It certainly means that the seller does not need to provide a refund.
The goods remain your responsibility (or Royal Mail's) until they are delivered back to the seller.

Toxteth_OGrady

marleyboy wrote: »

If you merely posted back the item 2nd class, there is no evidence item has been returned and you don't have a leg to stand on for any claims.

[STRIKE]I don't think that's the case if the contract was cancelled under DSR. Legally the seller is obliged to provide the refund upon cancellation and not wait for the goods to be returned. The buyer does have an obligation to take reasonable care of the goods until they are returned to the seller.

http://www.out-law.com/page-430#Return

That's all well and good in theory but it rarely (if ever) works like that in the real world. Sellers are likely to wait until they have the goods back before refunding.

Again in theory the OP could claim breach of DSR for the seller not refunding and the seller could counter-claim for the buyer not taking reasonable care of the goods after cancelleation. However in the real world who would bother with that for a 10 quid ink cartridge?[/STRIKE]

Edit: As pointed out by ThumbRemote below the OP was sent an incorrect item so it's a SOGA not a DSR issue.

mattyprice4004

Cpu2007 wrote: »

That's what I was thinking but the problem is the item isn't that expensive and I decided to use the non-signed option. I understand that there's no possibility to know the whereabouts of the item but does that mean that I cannot get a refund even though the seller is saying he/she did not receive anything.

Why would they refund if they didn't receive it back? You sent it back, it's your responsibility to make sure it gets back.

How do they know you ever sent it, or didn't just post an empty envelope with their address on for the proof of posting? People do that all the time.

ThumbRemote

Toxteth_OGrady wrote: »

I don't think that's the case if the contract was cancelled under DSR. Legally the seller is obliged to provide the refund upon cancellation and not wait for the goods to be returned. The buyer does have an obligation to take reasonable care of the goods until they are returned to the seller.

mattyprice4004 wrote: »

Why would they refund if they didn't receive it back? You sent it back, it's your responsibility to make sure it gets back.

How do they know you ever sent it, or didn't just post an empty envelope with their address on for the proof of posting? People do that all the time.

Note that the OP states the seller sent out the wrong item.

In this case I'm not so sure the OP has to take the risk of returning the item, as ownership had never transferred to the OP. It was not the item they ordered.

The seller asked for it to be returned, and the seller needs to bear the cost and responsibility for the return. If the seller had wanted recorded delivery then they should have asked for it. At the point of sending, the OP was acting as an agent of the seller.

Cpu2007

mattyprice4004 wrote: »

Why would they refund if they didn't receive it back? You sent it back, it's your responsibility to make sure it gets back.

How do they know you ever sent it, or didn't just post an empty envelope with their address on for the proof of posting? People do that all the time.

There's this option that allows you to send an item without the need to pay extra charge but it will not be signed or tracked.
Although, the signed option allows you to know if the item has been delivered, people post offices say that signed isn't secure and if you want to make sure that you know where your item is then you need have it tracked (an option that is more expensive than signed)

Now, according to your logic, I should be using the last two option just to make sure my item has been delivered. why would I spend nearly the half (or more) of the cost of what the item is worth just to make sure is returned safely?