Problems with JD Sports/Hermes. HELP!!

This is long and complicated but here goes. Hopefully some of you guys can help and advise me.

I'm a regular online customer of JD Sports, and have never had a problem with their delivery service since they switched from Yodel to Hermes, in fact I know my regular Hermes delivery person quite well!

Placed an order on Sunday afternoon worth £162 and upon completion was told I had qualified for next day delivery. Monday came and I waited in until 4pm, nothing came but I just assumed it would come on Tuesday. Tuesday morning, checked the status with the tracking number and it said 'out for delivery' nothing came.
Basically waited in all week until a parcel finally came today [Thursday], I signed for it and upon opening it very quickly realised it wasn't what I had ordered, infact it wasn't even from JD Sports but Asos, it was actually 4 women's dresses and not the trainers and tracksuit I had ordered :smiley:

I very quickly contacted the customer service dept of JD Sports and the young man told me it sounded like Hermes had messed up and delivered my order to the person expecting the dresses and the dresses to me, and told me I would have to fill in a claims form, JD Sports would investigate and would probably give a refund or re-send my order out once the investigation was complete. I accepted that and he said it would be posted out to me there and then.

Then this afternoon the Hermes courier knocked on my door and asked for the parcel back that she had delivered that morning saying their was a mix up with the barcodes and labels. She said their had been re-structuring at the distribution centre which had caused havoc and that no parcels had been delivered for 4 days, and that she had no idea where my parcel was but said Hermes were completely at fault and that a lot of people in the Manchester area had the same problem. She gave me a number to contact Hermes directly on, yet they claimed they can't discuss it with me and deny there has been any problems at their distribution centre.

I then contact JD Sports again, the lady I speak to firstly calls my a liar, claiming I never rang in the morning to report my order missing and that the call had not been logged or that a claims form had been sent out.
She then told me she would send a claims form out second class which would take up to 3 days to get to me, I had to fill it out and declare that I never received the package, post it back to them, they would then take up to 10 days to investigate and then only if Hermes acknowledged that my order was lost or mislaid would I be entitled to re-order or request a full refund, but as my order was showing as 'delivered' and 'signed for by customer' then it was 50/50 whether I would get either. The icing on the cake came when I asked if they could reserve the items I had ordered as I was worried they may go out of stock while this investigation took place, only to be told NO.

I'm basically wondering what my rights are.
Clearly what I have ordered and paid for hasn't shown up. I understand there's procedures to follow but to be told I have to wait virtually 2 full weeks and even then might not get a refund or the items resent seems unfair, I want this resolving as soon as possible.
Any advice?

Oh and JD Sports deny there has been any problems with other delivery's and apparently I'm the only customer that's complained - yet I was on hold for over an hour trying to get through.

So frustrating!! :(:(

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Was the Hermes lady that called to collect the Asos parcel the regular Hermes courier that you know?
  • wealdroam wrote: »
    Was the Hermes lady that called to collect the Asos parcel the regular Hermes courier that you know?

    Yes
    She actually gave me her mobile number and I've spoken to her several times this evening, she's very apologetic but admits my order could be anywhere, infact she's fairly certain she hasn't delivered it so it could be anywhere.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    stotty157 wrote: »
    Yes
    She actually gave me her mobile number and I've spoken to her several times this evening, she's very apologetic but admits my order could be anywhere, infact she's fairly certain she hasn't delivered it so it could be anywhere.
    I asked because there is a scam where a parcel is collected by the courier company soon after delivery, but as it is your regular courier person that's unlikely.
  • stotty157
    stotty157 Posts: 4 Newbie
    edited 20 September 2013 at 2:09AM
    wealdroam wrote: »
    I asked because there is a scam where a parcel is collected by the courier company soon after delivery, but as it is your regular courier person that's unlikely.

    No unfortunately its no scam. She gave me a 'we called while you were out' card with all her details on when she came to collect the Asos package as I was less than happy about handing it over knowing I wasn't getting my package in return.

    JD sports weren't interested in the Asos package as they are unconnected.
  • You can cancel your order for a full refund under the Distance Selling Regulations. They then have 30 days to give you a refund irrespective of what their investigation shows. They are not allowed to wait until they have found the goods, although I imagine most shops ignore that rule.

    If they have taken your money you can try a chargeback with your card provider for non-delivery. If JD Sport claim you have received the goods then they will have to prove it. Claiming to have a signature doesn't prove anything imho, unless they can prove it's yours.
  • Thanks for that info.
    Unfortanatly I paid through PayPal so the visa chargeback isn't an option.
    Ill ring them today and tell them I'm cancelling my order and see what happens.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    stotty157 wrote: »
    Ill ring them today and tell them I'm cancelling my order and see what happens.
    That's fine, but follow the call with an email or letter.

    The DSRs require that the cancellation be made in writing.
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