delivery dispute

duryard

Hi. Newbie here but as my case is a bit unique I thought I would post and ask opinion.

I brought a PC including keyboard and mouse on 01 Dec 2013 from
online company in Scotland. (I am in Exeter, Devon) Cost £391.40 and paid via direct transfer.
The first computer disappeared into the black hole that is Hermes.
Another PC was sent out with a complementary FOC Monitor for inconvenience.
I tracked the item all the way from Scotland online and it was delivered on a Saturday at 16.20. NOT TO ME Tho.

As I and Parcel2go deemed it lost and a investigation was started I went and brought another one from a different co. (who also addressed it in correctly so we tracked and watched the van online, we intercepted the courier who brought it, so we got it)
By pure chance I found out where second Parcel had gone, and because I am to honest for my own good retrieved it and sent it back and tracked it back. The FOC Monitor never was delivered anywhere, Just the PC.
The company I brought it from has said that they cannot refund me until the monitor turns up from the black hole that hermes sent it to or they compensate.

InsideInsurance

It is relatively reasonable for them to want to wait for the courier to confirm the situation.

When was the 2nd parcel sent? When was it raised as lost? Where did you "trace" the PC to?

duryard

The courier (Parcel2go) who I have just online chatted 2 says only one parcel was sent and that they sent a proof of delivery on 09/12/2013.

The first parcel was sent out 30th Dec 2013 the second 04 dec 2013 Delivered 07 Dec 2013 and declared lost on 09 Dec 2013. The parcel was traced to and recovered from a address at the same post code as me but different address 12 Dec 2013 and sent back on 14 Dec 2013

InsideInsurance

Are these dates right? Your saying the second parcel was sent before the first one? You also say that only one was sent but then mention two?

duryard

Sorry typo First parcel 30 Nov 2013.
The seller says he sent 2 parcels but Parcel 2 go says only one parcel was

bris

If you brought it from Scotland why did you need delivery?

duryard

Because I am in Exeter, Devon

Valli

ah Bris - you're playing with newbies!

OP, given they claim to have sent you a monitor you never ordered then, as long as you have returned what you ordered then you have kept your side of the bargain.

So send a LETTER BEFORE ACTION requesting your refund within a specified timeframe or you will escalate to small claims.

(Given you never ordered the monitor, or paid for it then the missing monitor is, IMO, absolutely not your responsibility and has no relevance as it's not part of your contract with the vendor)

duryard

Valli wrote: »

ah Bris - you're playing with newbies!

OP, given they claim to have sent you a monitor you never ordered then, as long as you have returned what you ordered then you have kept your side of the bargain.

So send a LETTER BEFORE ACTION requesting your refund within a specified timeframe or you will escalate to small claims.

(Given you never ordered the monitor, or paid for it then the missing monitor is, IMO, absolutely not your responsibility and has no relevance as it's not part of your contract with the vendor)

Thanks Valli. There has been numerous emails flying back and fore. All come to the same end at the moment. Saying the seller is waiting for the courier to settle first. I have a phone interview booked with CAB on Friday but don't hold much hope. Think I will have to go small claims. Is there any sort of template for a "Letter Before action"

wealdroam

duryard wrote: »

Is there any sort of template for a "Letter Before action"

Start here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

Plenty more around. Google letter before action.

mattyprice4004

duryard wrote: »

Because I am in Exeter, Devon

He's correcting your incorrect use of the word 'brought' - you bought it, not bought it.