returned goods never received

babss

Hi all , Im looking for a bit advice before I start proceedings I have all ready posted this before but im just want to make sure I am doing this right. Long story short is I returned goods in two separate parcels one to the value of a £149 the other £25 to Lipsy Bradford. These I paid with my credit card. I sent them back by royal mail 1st class, I should of sent them by registered post (this is in there terms and conditions) but I really never thought at the time when returning these good. This was on the 27th of June, I have been in touch with Lipsy several times and they have said that they have never received the parcels and as I didnt use the tracking system that they would have know way of knowing if the goods have been returned. I was talking to them this morning and they have repeated this to me I have said that I would find it hard to believe that two separate parcels sent from Northern Ireland would have gone missing, but still they are insisting that they wouldn't know if they have been returned or not, they have advised me to start proceedings with royal mail as my contract lies with them. I did ask them has this ever happened before with somebody not using the tracking system she said its never happened before. I have been to my local post office and the have advised that if I make a claim through royal mail the maximum that would be paid out is £20.
Has anybody experienced this before? What do I do now?
Brenda

JJ_Egan

You make a claim against the Royal Mail and they pay as per the terms and conditions of the service you used .
Not much else you can do as no evidence that parcel was delivered so company within their rights to not refund a non returned item .
RM look to have failed to deliver for whatever reason and as above you are able to claim as per the service you used .

babss

JJ_Egan wrote: »

You make a claim against the Royal Mail and they pay as per the terms and conditions of the service you used .
Not much else you can do as no evidence that parcel was delivered so company within their rights to not refund a non returned item .
RM look to have failed to deliver for whatever reason and as above you are able to claim as per the service you used .

I do have a certificate of posting would that make any difference?

JJ_Egan

babss wrote: »

I do have a certificate of posting would that make any difference?

All that covers is you sent it .
Items not received and RM compensation is to the value of that services terms and conditions .
I see no way you are going to get anything bar 2 x £20 compensation as that what you choose to use .

bod1467

babss wrote: »

I do have a certificate of posting would that make any difference?

Possibly. I recall that the Interpretations Act 1978 deems something sent 1st class with proof of posting is deemed "served" (delivered) 2 working days after posting. In that respect your evidence carries equal weight as registered post (if that is still actually available ... did you mean recorded delivery?)

You'll still have a battle though ... you should have used a delivery method that provided the required insurance cover.

wealdroam

babss wrote: »

I do have a certificate of posting would that make any difference?

Do not lose that Certificate of Posting.

Without it the best you will get is six first class stamps per parcel.

Keep you eye on the calender too. You must claim within 80 days of posting.

shaun_from_Africa

bod1467 wrote: »

Possibly. I recall that the Interpretations Act 1978 deems something sent 1st class with proof of posting is deemed "served" (delivered) 2 working days after posting.

I wouldn't fancy the chances of winning in court using the interpretation act as the basis for my case.
The reason I say this is that the act specifically refers to a document being sent by post (in states a document a couple of times).
This section of the act is really aimed at people who are sending official legal documents that require proof of delivery and not packages of goods being mailed.

the_lunatic_is_in_my_head

As I said on the other thread on this if you were exercising your right to cancel the retailer is obligated to refund you within 14 days of receipt of the return or within 14 days of proof of the goods being sent supplied.

Their website is out of date (mentions DSR regs), did they provide you with any info via durable means (email or on paper) regarding your right to cancel?

I would send them a notice before action in the post.

babss

the_lunatic_is_in_my_head wrote: »

As I said on the other thread on this if you were exercising your right to cancel the retailer is obligated to refund you within 14 days of receipt of the return or within 14 days of proof of the goods being sent supplied.

Their website is out of date (mentions DSR regs), did they provide you with any info via durable means (email or on paper) regarding your right to cancel?

I would send them a notice before action in the post.

Hi I did phone them up and try to argue the point that I was exercising my right to cancel and quoted the legislation that you quoted they wern't one bit interested only kept saying that my issue is with royal mail and not them. they have absolutely no way of knowing if stock came back unless they had a royal mail tracking number. Sure why would they care they have been paid in full. Ive learnt my lesson and will not be doing this again.

theonlywayisup

babss wrote: »

Hi I did phone them up and try to argue the point that I was exercising my right to cancel and quoted the legislation that you quoted they wern't one bit interested only kept saying that my issue is with royal mail and not them. they have absolutely no way of knowing if stock came back unless they had a royal mail tracking number. Sure why would they care they have been paid in full. Ive learnt my lesson and will not be doing this again.

You need to be firm with them.

Lunatic is correct in that all you need to show is proof of the goods being sent back to them, that is your certificate of posting.

If you don't get anywhere, you need to send them a letter before action. Copy the certificate of posting to them and a copy of the legislation.

You should also contact your card company.

As an aside, next time make sure you use a postage service that covers what you are sending.

Make sure you have fulfilled your cancellation obligations. Here is the link https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf particularly section H and part 4 in relation to their obligations upon being shown proof of posting.

H. Rules on Cancellation (these apply to distance and off- premises contracts)
1. Unless outside the scope of the regulations (or the relevant Parts) (see B1/2 above) or specifically exempted from cancellation rights (see H.6. below), consumers who enter into (or offer to enter into) off premises or distance contracts will have 14 calendar days in which to change their minds, and do not have to give a reason for doing so. They must be provided with the cancellation form as set out in schedule 3 of the regulations but do not have to use it as long as they make clear that they are cancelling.
Because the burden of proof for showing cancellation within the cancellation period rests with the consumer, it will be in the consumer’s interest to keep some record of the cancellation.
2. The 14 days for cancellation start the day after the goods have been received or, in the case of service contracts, the contract was entered into. Where different goods within an order are delivered at different times the cancellation period will run from the day after delivery of the last item.
3. The consumer should generally return any goods within 14 days unless the trader has offered to collect them
4. The trader should refund within 14 days of receiving the goods back or receiving proof they have been sent back, or in the case of services, of being informed of cancellation.
5. Where services to which cancellation rights apply are delivered during the cancellation period (for example the provision of water, gas, electricity and district heating) the trader will need to take into account the nature of that service and the consequences of cancellation in that context in order to ensure that a consumer does not incur liability as a result of exercising the right to cancel. The obligations of the consumer in the event of withdrawal should not discourage the consumer from exercising his right of withdrawal.

babss

babss wrote: »

Hi all , Im looking for a bit advice before I start proceedings I have all ready posted this before but im just want to make sure I am doing this right. Long story short is I returned goods in two separate parcels one to the value of a £149 the other £25 to Lipsy Bradford. These I paid with my credit card. I sent them back by royal mail 1st class, I should of sent them by registered post (this is in there terms and conditions) but I really never thought at the time when returning these good. This was on the 27th of June, I have been in touch with Lipsy several times and they have said that they have never received the parcels and as I didnt use the tracking system that they would have know way of knowing if the goods have been returned.

Just to let you know and to thank you all for your help I've received an email from lipsy both parcels have been received and I checked my account and money has been put back in. Lesson has been learned! thanks one again
:T