Item not signed for!

Lillymae

Hi,

I purchased an item from an online store and received it 8th March, as soon as I opened it I could see the quality was awful. I took a couple of photos ( as proof), repacked it and sent it back by Registered Post.

Tonight seller asks what I washed item in? Told her wasn’t washed as wasn’t even worn.
She then asks me to send it back?

Explained it was sent back, on 9th March, gave Tracking Number but just checked myself to find she wasn’t in when it was delivered and she never bothered to pick it up from the PO and it’s not in the system but not sure where!

Can I be held accountable for the item?

Item was purchased on buy now, pay later deal, they have been told item was returned!

deethebee

Hey Lillymae,

I think I can offer some help with this as I have sent many parcels in the course of business! Generally you are responsible for getting the item back to the seller, which is why you should always get proof of posting at the very least but if the item is of high value then tracking is the best way. You've said you sent it tracked, so my first question would be how much did the item cost and what service did you send it by?

Secondly, whilst it's not you that's "liable" exactly (the postal service is), it would be up to you to make a claim with the mail service as they do offer compensation for lost items so if they can't find it and you sent it tracked then you can claim back for the item cost plus postage (as long as the tracked service covers goods up to the value of yours).

So all is not lost, but it will be up to you to contact the mail service and ask them to investigate if there is no tracking information and if the tracking information does not update then you can make a claim for loss after a certain amount of time has passed. What does the tracking say exactly? If you sent it back on 9th March, depending on when they tried to deliver they keep it at the local sorting office for a couple of weeks and after that they send it back to the sender, so it may be on its way back to you.

Lillymae

Hi, thank you.

Parcel was sent back Special Delivery by 1pm, item cost £150!

Item was attempted to be delivered and no one was in, card was left and parcel taken to local PO.

She never bothered to pick it up and apparently it’s now in Ireland?

I’m happy to try to find out where the parcel is etc but is she isn’t going to sign for it again it will be a never ending game!

Plus have concerns she is asking about condition when she hasn’t even seen it.

deethebee

Ok so you're covered up to £500 so that's good if it's gone missing.

What was the store you bought it from if you don't mind me asking? And who was the buy now pay later through? Royal Mail say they keep items at the sorting office for 18 days, so it should have been sent back to you today really although it's not clear if that's 18 working days or if it only includes Saturdays. I would ask the seller to check at the local sorting office in case it's still there and if it isn't and you don't get it back within a couple of working days I'd chase it up with Royal Mail. You should be covered as you can show you attempted to send it back and if the seller doesn't accept it that's their fault.

You've protected yourself by taking photo's and so if she tries anything then there will still be a way to get your money back, even if she makes it difficult. You can also claim the cost of the postage back from her if the item wasn't of satisfactory quality.

If I find out anything further then I'll do my best to help and in the meantime there are a lot of knowledgeable people on this board who will likely be able to offer you more help with regards to the laws of sending items back and sellers refusing delivery. Places such as ebay and Paypal cover you in these circumstances so I'm sure there are laws protecting you there too as when the situation is reversed the seller is protected e.g. seller sends item, buyer not in and doesn't collect it, gets sent back to seller, seller is allowed to charge buyer for sending the item again and doesn't have to re-send it until they pay for postage.

theonlywayisup

What was the online store? Is it a business or a private sale and was it on an auction site?

How did you pay?

As for the parcel, if it is in Ireland, then I am guessing you didn't put a returns address on it and RM have passed it to their Belfast National Returns Centre. You will need to get in touch with them and get the parcel back.

Lillymae

It’s an online store, and a business.

Not paid for as it was but now, pay later.

I did put a returns so not really sure how it’s managed to get to Ireland, but will contact them and see if I can get the parcel back.

Seller is now saying that she wasn’t left a card to tell her it was at the PO.

Kim_kim

Lillymae wrote: »

It’s an online store, and a business.

Not paid for as it was but now, pay later.

I did put a returns so not really sure how it’s managed to get to Ireland, but will contact them and see if I can get the parcel back.

Seller is now saying that she wasn’t left a card to tell her it was at the PO.

That has happened to me, when I queried where it was with the seller they gave me a tracking number and I went online and did a redelivery request as if I had been carded.

deethebee

If it's on its way back then a redelivery won't work I'm afraid. This is why it's best to speak with Royal Mail asap and see if they can give you any further info on where the package is. Right now, the main thing is finding out where it is. Until such time as it's lost or back with the seller, you're responsible for it and for finding out where it is. Nothing much else can be done until you know what has happened to the parcel, so get on that and then afterwards if you have any trouble it becomes about your consumer rights.

George_Michael

Even though the seller hasn't received the item back, they are still obliged to refund you in full within 14 days of the day that you posted it.

shaun_from_Africa

deethebee wrote: »

it would be up to you to make a claim with the mail service as they do offer compensation for lost items so if they can't find it and you sent it tracked then you can claim back for the item cost plus postage (as long as the tracked service covers goods up to the value of yours).

You've got that totally the wrong way around.
As George Michael correctly stated, the seller has to refund within 14 days of the goods being put in the post (and this time period has long expired).
They (the seller) can submit the claim for the lost goods to Royal mail. They need the OP's co-operation to do this as they will require the Special delivery receipt.

deethebee

shaun_from_Africa wrote: »

You've got that totally the wrong way around.
As George Michael correctly stated, the seller has to refund within 14 days of the goods being put in the post (and this time period has long expired).
They (the seller) can submit the claim for the lost goods to Royal mail. They need the OP's co-operation to do this as they will require the Special delivery receipt.

From the Consumer Contracts Regulations:

"Passing of risk
43.—(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.
(3) Paragraph (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and
(b)is not a carrier the trader named as an option for the consumer.
(4) In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5) Paragraph (4) does not affect any liability of the carrier to the consumer in respect of the goods."

Royal Mail usually requires the sender to make a claim for goods that are lost.