order from a year ago never recieved

Spyderling

Hi all. I placed an order with a company after Christmas last year and it never arrived. I only really noticed recently that it had neither arrived nor been refunded. I placed a new order with them for a similar item and then remembered about the old one. They've shipped the new order but I'm asking for a full refund of the old order and they seem reluctant. There was nothing special about the order that would mean I would expect it to take many months to be delivered - I know I should have kept on top of it but I forgot all about it! Do I have any rights here? Has too much time passed?

Tyler119

Spyderling wrote: »

Hi all. I placed an order with a company after Christmas last year and it never arrived. I only really noticed recently that it had neither arrived nor been refunded. I placed a new order with them for a similar item and then remembered about the old one. They've shipped the new order but I'm asking for a full refund of the old order and they seem reluctant. There was nothing special about the order that would mean I would expect it to take many months to be delivered - I know I should have kept on top of it but I forgot all about it! Do I have any rights here? Has too much time passed?

You normally can ask for a refund if the item is not delivered within 30 days, or within an arranged time frame between the seller and you.

A year is rather a long time to not notice and so unless they are feeling the festive spirit, I believe they are entitled to refuse a refund.

ThumbRemote

Was it sent tracked? Doe the tracking still work for the item?

Although you should be entitled to a refund, as the contract has not been fulfilled, the difficulty is going to be in showing this after so long.

naedanger

Spyderling wrote: »

Hi all. I placed an order with a company after Christmas last year and it never arrived. I only really noticed recently that it had neither arrived nor been refunded. I placed a new order with them for a similar item and then remembered about the old one. They've shipped the new order but I'm asking for a full refund of the old order and they seem reluctant. There was nothing special about the order that would mean I would expect it to take many months to be delivered - I know I should have kept on top of it but I forgot all about it! Do I have any rights here? Has too much time passed?

After all this time can you prove on the balance of probability the item was never received? In practice I think this will be very difficult. Also by leaving the matter this long it will make it very difficult for the retailer to establish what (if anything) went wrong and to pursue any claim it may have against another company e.g. its delivery company.

In practice I think (far) too much time has passed.

Spyderling

Surely they need to prove the item was sent? Proof of postage or a tracking number? I can't prove it never arrived

I expect to be denied a refund but if I push the issue with them, is the law on my side? Is there a 'cut off' point for making a claim like this? I've looked around online but none of the consumer advice seems to cover situations with an order this old.

powerful_Rogue

Spyderling wrote: »

Surely they need to prove the item was sent? Proof of postage or a tracking number? I can't prove it never arrived

I expect to be denied a refund but if I push the issue with them, is the law on my side? Is there a 'cut off' point for making a claim like this? I've looked around online but none of the consumer advice seems to cover situations with an order this old.

If they didn't send it with tracking or have proof of postage, I can clearly see the company rejecting your claim.

You will then have to send a Letter Before Action and then start teh Small Claims Court process. The companies defence would be that if the package hadn't arrived then the claimant would have made contact much sooner, IE a week or so.

The judge would have to decide on the balance of probabilities whether you did or did not receive the package. I know where id put my bet.

You've got 6 years to make a claim, obviously the longer you leave it the less chance you have of succeeding.

What was the item?

Pound

Spyderling wrote: »

Surely they need to prove the item was sent?

If it went to court, they would need to convince a judge it was probably sent.

I expect to be denied a refund but if I push the issue with them, is the law on my side?

No.

Is there a 'cut off' point for making a claim like this?

Six years.

Spyderling

Thanks for all your help, folks. I'm not sure what I'm going to do but at least I feel better informed.

powerful_Rogue

Spyderling wrote: »

Thanks for all your help, folks. I'm not sure what I'm going to do but at least I feel better informed.

What was the item and how much are we talking?

Sicard

Your post reminded me of an order I placed ten years ago which I'm still waiting for. Thanks. I'll chase them up and let you know how I get on.

arcon5

You have no chance.
And even if a judge believes your story they will probably counter claim for consequential losses arising from your unreasonable actions. As they can't make a claim with the carrier now