Not refunded enough but can't find proof of posting

I recently returned a packet to ASOS and when they issued my refund they underpaid me by over £200. I contacted them and they said they would sort it right away and the money should be in my account within 72hours. Its now been a week and i've received nothing.

I recontacted them and they are now asking for the proof of posting which i can't find anywhere. They are stating 'as per the terms and conditons on site you need to keep hold of your proof of posatge incase it gets lost on the way back to us. Please allow 10 working days for your order to get back and if you haven't heard from us by then we will be able to look into this further for you. ASOS Laura'

Is there anything i can do? I'm i tears, i can't afford to lose this much money. Help!
:starmod:Everyone's a star and deserves the right to twinkle:starmod:
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Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Ok, so did you send one package or more than one package?

    If it was all in one package then the proof of sending is very much irrelevant because the fact they have part of it proves they received it and the PoP will have nothing to do with the weight of it or the condition it was received in.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Normally I would have said that if you haven't kept the PoP then you'd be in trouble. However, given that they have already made a partial refund I would argue that is evidence that they have already received whatever you sent to them - PoP would not provide any proof of what was sent, just that something was posted. You need to make your argument more strongly to them, and if they continue to refuse to refund send a Letter Before Action, and be prepared to back that up by making a Small Claim if necessary.
  • I would suggest that you contact ASOS again and state something along the lines of:

    With reference to your last e-mail (or letter).
    As per your terms and conditions, I did obtain a proof of postage in case the package was lost whilst en-route to you, and as the shipment has been successfully delivered, I no longer have this proof.

    If there was any signs of damage or tampering to the shipment, I would have assumed that you would have contacted me to advise me of this so that I could forward the POP to you, but this never happened.
    It is only now, after the package has been delivered and is no longer the responsibility of Royal mail that you are requesting the POP which will not be of any use as the shipment was delivered to you and the loss or misplacing of any items from this shipment must have occurred after delivery.

    Because of this, I would be grateful if you complete my refund in full as soon as possible.
  • kiki_725
    kiki_725 Posts: 1,650 Forumite
    Part of the Furniture
    It was just one packet, and the PoP would state the weight so they would be able to tell if i am lying about sending the shoes back or not. (I am also really offended that they seem to be suggesting that i am lying about sending the shoes back)

    What is a letter before action?

    Thank you shaun from Africa, i have just sent them a message similar to the one you posted.
    :starmod:Everyone's a star and deserves the right to twinkle:starmod:
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    kiki_725 wrote: »
    It was just one packet, and the PoP would state the weight so they would be able to tell if i am lying about sending the shoes back or not. (I am also really offended that they seem to be suggesting that i am lying about sending the shoes back)

    What is a letter before action?

    Thank you shaun from Africa, i have just sent them a message similar to the one you posted.

    Proof of posting does not necessarily show the weight of the item, if you look at http://www.royalmail.com/business/help-and-support/how-do-i-get-a-certificate-of-posting-for-posting-mail-at-a-post-office it has a DIY form that you can use and the post office just stamp it and it doesnt mention weights

    Likewise if you turn up with the parcel prestamped and just want the certificate of posting then out local post office still give you one like:

    Pad-of-50-GENUINE-Royal-Mail-Certificate-of.jpg

    which again doesnt mention the weight.

    Did they mention the weight being on the certificate? If they did write back and point out that a certificate of posting doesnt necessarily demonstrate the weight and on the grounds that the other items have been received clearly the parcel was received by them and therefore you require the remaining refund to be made.

    A letter before action is the same but is clearly labeled as a letter before action (bold print, centred, between your address and the salutation or immediately below the salutation) and concludes with the statement that if you don't receive your refund within X days that you will issue court proceedings to recover it. X has to be a reasonable number based on what you are asking them to do. Given 5 working days for the payment to clear I would suggest stating that you are giving them 10 days from the date of the letter (or 2 weeks if youre generous).
  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Proof of posting does not necessarily show the weight of the item, if you look at http://www.royalmail.com/business/help-and-support/how-do-i-get-a-certificate-of-posting-for-posting-mail-at-a-post-office it has a DIY form that you can use and the post office just stamp it and it doesnt mention weights

    Likewise if you turn up with the parcel prestamped and just want the certificate of posting then out local post office still give you one like:

    Pad-of-50-GENUINE-Royal-Mail-Certificate-of.jpg

    which again doesnt mention the weight.

    Did they mention the weight being on the certificate? If they did write back and point out that a certificate of posting doesnt necessarily demonstrate the weight and on the grounds that the other items have been received clearly the parcel was received by them and therefore you require the remaining refund to be made.

    A letter before action is the same but is clearly labeled as a letter before action (bold print, centred, between your address and the salutation or immediately below the salutation) and concludes with the statement that if you don't receive your refund within X days that you will issue court proceedings to recover it. X has to be a reasonable number based on what you are asking them to do. Given 5 working days for the payment to clear I would suggest stating that you are giving them 10 days from the date of the letter (or 2 weeks if youre generous).

    My PO no longer offers those POP - they now use the till receipt - which shows the weight and service, write on the number and postal code and sign it.

    Works for any claims just fine...
  • kiki_725
    kiki_725 Posts: 1,650 Forumite
    Part of the Furniture
    Since it was pre-paid the PO gave me the till receipt type of POP which did state the weight.

    I can find POP from March but not this one from last week!!! Its just so frustrating! Our green bin went this week too, otherwise i could have searched in there for it.

    Now they appear to be ignoring my messages too :(

    I have two messages from them stating they would refund me. If it goes to small claims court, would they type of thing work in my favour?
    :starmod:Everyone's a star and deserves the right to twinkle:starmod:
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    visidigi wrote: »
    My PO no longer offers those POP - they now use the till receipt - which shows the weight and service, write on the number and postal code and sign it.

    Ours do if you pay them for the postage at the same time or via the self service machine. If you rock up with it all the stamps already on it they revert to the manual cert.
  • kiki_725
    kiki_725 Posts: 1,650 Forumite
    Part of the Furniture
    They have just sent me a message saying the money will be back in my account within 5 working days. This is the third time i've heard this :/
    :starmod:Everyone's a star and deserves the right to twinkle:starmod:
  • Make sure that you keep hold of the messages and don't delete them.

    Hopefully you won't need them, but just in case.
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