Help! Seller claims faulty item return not received

SuziJade

Really hoping someone can advise me. I bought a rainbow toy online from a shop for my son's birthday and it got really scratched up very quickly, all the paint coming off, so I contacted them and asked to return it as it clearly wasn't fit for purpose. I had had it for a couple of weeks before his birthday, so had had it for over 30 days by tge time I contacted them. They didn't respond at first, then I sent another email over two weeks later saying I would contact Trading Standards if they didn't respond. They then did, very apologetic, saying they would refund and reimburse me for postage if I sent it back. I did so, second class Royal Mail, but heard nothing from them, so checked a week or so later. They said they hadn't received it so I emailed a picture of my proof of postage. Again, I heard nothing more so have chased up again today. They say they still haven't received it and it is up to me to chase compensation with Royal Mail. Where do I stand? I think it is now probably too late to chase with Royal Mail and I am now both the price (about £30) plus the postage out of pocket, without even the original product!

JJ_Egan

No proof of delivery as it was not sent recorded delivery .

waamo

Under the Interpretation Act 1978 items posted are assumed to be delivered within certain timescales unless it can be demonstrated they didn't arrive.

You have evidence it was posted so unless they can demonstrate differently then it was delivered.

It may be worthwhile asking what systems they have in place to record deliveries. They may actually have one, many companies do. If they don't it's entirely feasible it was delivered and they have lost it.

George_Michael

waamo wrote: »

Under the Interpretation Act 1978 items posted are assumed to be delivered within certain timescales unless it can be demonstrated they didn't arrive.

When it comes to postal deliveries, the section of the Interpretation act that covers this is specifically for documents that are required by law to be served upon someone and not for general postal deliveries.

7
References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

SuziJade

Thanks for your wise words!

I just managed to finally get through to Royal Mail and they confirmed that it wasn't delivered and is classed as lost. I guess I need to just claim the compensation from RM now? Do the company have to receive it in order to issue a replacement though?

bris

SuziJade wrote: »

Thanks for your wise words!

I just managed to finally get through to Royal Mail and they confirmed that it wasn't delivered and is classed as lost. I guess I need to just claim the compensation from RM now? Do the company have to receive it in order to issue a replacement though?

Of course, they don't have it so have no liability.


Apart from that you can't get compensation for the lost delivery then expect a replacement anyway.

shaun_from_Africa

SuziJade wrote: »

it wasn't delivered and is classed as lost. I guess I need to just claim the compensation from RM now?

You will be able to claim from Royal mail for the lost item but the maximum you will be able to get is £20.

JJ_Egan

Not sure what sort of compensation for second class delivery s .
https://www.royalmail.com/retail-compensation-policy-loss/

agrinnall

Looks like 6 1st Class stamps will be heading your way.

shaun_from_Africa

agrinnall wrote: »

Looks like 6 1st Class stamps will be heading your way.

Provided that the OP has proof of what they paid then they should be given compensation of £20. (The compo for 1st/2nd class lost items is the lower of £20 or value of goods).

RM only give 6x 1st class stamps when "basic" evidence only is provided. (this means details of when and where posted, postage method used etc without proof of postage or value of the goods).
If proof of the actual loss and proof of posting is provided then they pay out according to the limits stated on their website).

SuziJade

Ah, well twenty quid is better than nothing. Bit upsetting though as was a personalised gift for my son. Will make sure I send with better postage next time!

Thanks folks. You have been really helpful. Xx