usc returned item lost

khal327

Just after some advice. I returned a pair of jeans to USC after a exchange on my first order as they were not the same jeans in the picture. They have told me they haven't received the returned order and requested to see proof of posting. I scanned the receipt and now they are saying i need to claim off royal mail as there is no tracking number to track the parcel. The item was returned back via there freepost address they provided. I thought it was there responsibility as it was a freepost address. Any advise would be great

Thanks

visidigi

khal327 wrote: »

Just after some advice. I returned a pair of jeans to USC after a exchange on my first order as they were not the same jeans in the picture. They have told me they haven't received the returned order and requested to see proof of posting. I scanned the receipt and now they are saying i need to claim off royal mail as there is no tracking number to track the parcel. The item was returned back via there freepost address they provided. I thought it was there responsibility as it was a freepost address. Any advise would be great

Thanks

At the bottom of their own returns page...

We would recommend that you return your items via registered post.

You will need to claim it back from Royal Mail if USC haven't received them back - I hope they weren't too expensive...

unholyangel

visidigi wrote: »

At the bottom of their own returns page...

We would recommend that you return your items via registered post.

You will need to claim it back from Royal Mail if USC haven't received them back - I hope they weren't too expensive...

But if its their freepost address, surely the contract is between them and royal mail? Technically no different to dropping it off at a collection point for a courier contracted by the retailer to return it to them. Ceases to become consumers responsibility once their agent has it in their possession.

deanos

yep i agree they have paid for the postage so the contract is between them and royal mail

khal327

unholyangel wrote: »

But if its their freepost address, surely the contract is between them and royal mail? Technically no different to dropping it off at a collection point for a courier contracted by the retailer to return it to them. Ceases to become consumers responsibility once their agent has it in their possession.

Thanks for your help.

This is exactly what i was thinking but i wasn't too sure. Do you think the best option would be to call royal mail and see what they say?

bris

No, of course not the op is still responsible for getting the item back to them. Them paying the basic postage is a duty they have under SOGA but it should always be upgrade for a few extra pence to registered.

deanos

The OP did not pay royal mail so has no contract with them though

visidigi

The OP chose to use a freepost service - they didn't have to. Just because they didn't pay doesn't mean they have no contract.

The Op went to the Post Office and handed the item to them, this would be the start of the contract between the OP and the Royal Mail. If USC had arranged collection and payment this would have been different.

Just because they are charged on receipt doesn't mean there is no contract between the sender and the Royal Mail.

Additionally the OP was not obligated to use a freepost label with no alternative. They chose to.

khal327

I thought sending something back freepost was a tracked service but i should have known when there was no tracking number on the receipt. I would have been more than happy to pay extra for a tracked service.
Oh well wont be making this mistake again.

Any advice on how i fill out the claim form where it says how much did you pay for the postage, do i just put 0 as its freepost.

frugal_mike

visidigi wrote: »

The OP chose to use a freepost service - they didn't have to. Just because they didn't pay doesn't mean they have no contract.

The Op went to the Post Office and handed the item to them, this would be the start of the contract between the OP and the Royal Mail. If USC had arranged collection and payment this would have been different.

I thought contract formation depended on the exchange of promises with an associated consideration, and that the consideration had to pass from the promisor and not a third party.

I don't see what promise OP made to Royal Mail, or what the consideration could possibly be.

mountainofdebt

Of course you could have used the freepost address but just paid for recorded or registered service (if that makes sense)

That way you're not paying for the actually postage but you've got the safety net of insurance