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Home Shopping return lost in Post

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I returned a home shopping parcel to a Ladies clothing website, using their returns label via Royal Mail, I also got a proof of posting. The parcel never arrived back with the company, I emailed them and they said I had to go to Royal Mail and get a claim form, which I did. I got a letter back from Royal mail to say that I couldnt claim for the items as the claim has to be made by the contract holder and intended recipient of the item, as it was a prepaid returns service, and that I should contact the clothing company. I did this and got an email back today saying they couldnt give me my money back as they havent received the parcel, even though I have proof of posting!!, So my question is who is liable for this or am I now £100 out of pocket for goods I have returned? Thanks for any help!!
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Comments

  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    How did you pay for the items? Debit card, credit card, PayPal?
  • Nangus
    Nangus Posts: 4 Newbie
    I paid with debit card
  • Valli
    Valli Posts: 25,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 May 2015 at 5:06PM
    Send them a 'LETTEr BEFORE ACTION' Detailing what has happened so far, including that you are unable to pursue the claim with RM for the rasons you have been told and request that they pursue the claim and refund you in full. Add that, should they fail to refund you will escalate to small claims court when you will claim for your losses and the cost of bringing the action.

    Google 'Money claim online' for more information about this procedure.

    Keep copies of all communication relating to this issue just in case you do file a claim as you will need this as evidence to support your claim.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you sure the company are UK based?
  • Nangus
    Nangus Posts: 4 Newbie
    Yes they are based in Newcastle, could I claim it back through my debit card?
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ring them and ask.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Since they paid RM, you liability effectively ended when their agent (RM) accepted the package.

    Remind them of this - by way of letter before action if necessary. As I'm not entirely sure a chargeback will be possible - you can only chargeback for limited reasons and i cant think of any reason code that this falls under.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • babss
    babss Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi I am in a similar situation I ordered goods from Lipsy for my daughter. In fact it was two separate orders the first for £149.00 and the second £88.75, my daughter kept one item which was £60.00 and I returned both parcels 1st class post, I should have sent them back registered post but I never thought, all goods I have paid for with my credit card. These were posted back on the 27th june and I have been phoning Lipsy for the last two weeks they say that they have never received either of the parcels back and that maybe I should get in touch with royal mail and claim through them, which I did today to be told that the most I claim is £20.
    It seems funny that both parcels were lost in the post! Where do I go from here? any advice would be welcomed:o
    Brenda
  • dj1471
    dj1471 Posts: 1,969 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker!
    babss wrote: »
    It seems funny that both parcels were lost in the post! Where do I go from here? any advice would be welcomed:o
    Brenda
    I think you already know the answer... You should have sent them tracked and insured. It's worth pestering the retailer for a while in case they can magically find them, otherwise you'll have to accept the limited compensation Royal Mail offer as standard.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,248 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 21 July 2015 at 2:01PM
    If you were exercising your right to cancel then the following applies:

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

    (4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

    (5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

    (a)the day on which the trader receives the goods back, or

    (b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.
    In the game of chess you can never let your adversary see your pieces
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