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shaun_from_Africa

deethebee wrote: »

From the Consumer Contracts Regulations:

(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.


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

The section of the CCR's you quoted specifically relates to the risk of goods on their initial journey from the trader to the consumer hence the reason for it stating the "traders risk" until the goods come into the possession of the consumer.

There is a section of the CCR's that cover the return of goods for the cancellation of a contract and state:

Reimbursement by trader in the event of withdrawal or cancellation
34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(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.

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

As to your comment about Royal mail. This is also incorrect.

The sender or the recipient of the item may both claim for a lost item but only one will be paid compensation. If both claim for the same item then Royal Mail will process only the sender’s claim unless compensation has already been paid to the recipient. The claimant is required to provide the same evidence regardless of whether they are the sender or recipient.

https://www.royalmail.com/retail-compensation-policy-loss

As mentioned by many other posters. You are giving far too much incorrect "advice" on this forum for anyone to be able to trust anything that you now post.

deethebee

Also, OP said she sent it back on 9th March but she only told the seller she'd sent it back last night. So the seller only has to refund within 14 days of showing proof it was sent back, right? If the seller wasn't aware it was being sent back she can't be expected to refund immediately surely.

unholyangel

deethebee wrote: »

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.

That relates to the trader sending goods to the buyer. OP received the goods and sent them back, as far as I understand it anyway.

What they're referring to (I believe) is this part of the CCRs:

(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.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

ETA: too slow once again

deethebee

Shaun, stick to the topic without personal attacks. I'm basing my advice on this on experience with Royal Mail and any time I've tried to make a claim with them being the recipient, they've told me only the sender can make a claim.

As for the risk, once it's within the consumer's possession it's at their risk, it's not clear about sending the item back but that would appear to be under their possession. If that's wrong, fair enough and as I said in my first post there are knowledgeable people on this board who can offer help so I'm not claiming to know everything, just trying to find out as much info as possible to help the op and offer advice based on experience.

As I mentioned previously, OP only informed the seller she'd sent the item back yesterday, so that would appear to give the seller 14 days to refund from then.

deethebee

Unholy, could you advise on where the information is that relates to whose responsibility it is when it's en route back to the seller?

deethebee

It would also be more beneficial for both parties of the OP made a claim if the item was lost. Royal mail will refund in full what she paid for the item, but they will only refund the seller what it cost them to acquire it. So if it's left to the seller to make the claim, they will lose any profit they made and any potential profit from being able to resell it.

Lillymae

deethebee wrote: »

Also, OP said she sent it back on 9th March but she only told the seller she'd sent it back last night. So the seller only has to refund within 14 days of showing proof it was sent back, right? If the seller wasn't aware it was being sent back she can't be expected to refund immediately surely.

No I didn’t only tell her yesterday, I told her the day I sent the item back!

I told her again when she contacted me last night to ask about washing the item and she also said for me to send it back, no idea what she is playing at to be honest?

shaun_from_Africa

deethebee wrote: »

Shaun, stick to the topic without personal attacks.

Posting a factual statement about someone giving incorrect information is not a personal attack.

unholyangel

deethebee wrote: »

Unholy, could you advise on where the information is that relates to whose responsibility it is when it's en route back to the seller?

Its not covered within CCRs. It covers whether its the traders liability to collect or the buyers to send them back, when the trader needs to refund by and where the goods should be returned to, but thats about it.

The above section 34 quoted by myself and shaun is likely there to stop traders rejecting returns just so they don't have to refund.

shaun_from_Africa

Personally, I think the seller may be trying to pull a fast one here.
They know that the OP sent it back 3 weeks ago, they say that they haven't received it so why, 3 weeks later would they:

Lillymae wrote: »

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?

It may well have been delivered or collected from the collection office and the system not updated hence the reason for it now being untraceable.