What do i do now

Mabeldog

Hello

My wife recently bought 4 x Afternoon Tea Vouchers from a local hotel for £ 68.00 She was offered at an additional cost of £ 7 to have these sent recorded delivery but declined but she was told they would be sent out first class - this was over a week ago and nothing has arrived and the Hotel have basically said " tough" which I find very odd.

A quick look around the web and I discovered that Trading Standards Law states that Failure to deliver within a reasonable time is a breach under the Consumer Rights Act 2015 also, more importantly :

Loss or damage in transit

If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader’s risk until delivery. It is, therefore, the trader’s responsibility to ensure that goods are not lost or damaged in transit, and/or to take out appropriate insurance. It follows that optional postal insurance should never be offered to consumers.

Although the hotel said we should have taken up their offer of additional postage it looks like they shouldn't have done that as legally it is their responsibility to ensure the good arrive safely

I have emailed them requesting they either send out new vouchers ( I even offered to collect them) or a full refund based on the legal information i have which I have quoted them or I will pursue them in the Small Claims Court for the £ 68 plus costs but have not yet had a response

Fortunately we are in a financial position to "loose" £ 68 with no impact on our day to day life but it is the principle .

I just wanted to check before I go any further that my information about the law is correct and if not what is correct .

Many many thanks in advance

M

elsien

Do you know when they were posted, as opposed to when they were bought?
I'd give it a bit longer to see if they arrive - threatening court action after only a week seems to be jumping the gun somewhat and you've now blown whatever goodwill there may have been.

Mabeldog

elsien wrote: »

Do you know when they were posted, as opposed to when they were bought?
I'd give it a bit longer to see if they arrive - threatening court action after only a week seems to be jumping the gun somewhat and you've now blown whatever goodwill there may have been.

Thank you - one thing I forgot to mention was how incredibly rude they were over the phone when I rang - I was very polite saying i was happy to pop down and pick up some replacements but just came up against a brick wall which perhaps suggests to me this is some sort of fiddle !

If they'd have said something along the lines of lets give it a few more days and if they don't turn up hopefully we can sort something out I would have been fine - I spoke to both the receptionist and manager who both took this very heavy approach which for an independent local hotel seemed pretty short sighted - just want a refund now as have no intention of going anywhere near the place anymore as bizarrely it's one of the best places around to have afternoon tea !

Mabeldog

PS Posted over a week ago - allegedly !

pinkshoes

When you emailed them asking them to fund or send new ones, did you give them a deadline when to respond by?

If not, email them again giving them a deadline to either refund or replace or prove delivery.

How did you pay for them?

Mabeldog

pinkshoes wrote: »

When you emailed them asking them to fund or send new ones, did you give them a deadline when to respond by?

If not, email them again giving them a deadline to either refund or replace or prove delivery.

How did you pay for them?

Unfortunatly Debit Card - no i didn't but will next time and there will be a next time

Labsuper

Get in contact with your bank and request a chargeback for non delivery of goods.

gettingtheresometime

I have a potential situation brewing where some thing I sold on eBay hasn't arrived but I have a receipt from the post office proving it was sent.

If the hotel can prove the vouchers were sent you may have to suck it up.

foxtrotoscar_2

gettingtheresometime wrote: »

I have a potential situation brewing where some thing I sold on eBay hasn't arrived but I have a receipt from the post office proving it was sent.

If the hotel can prove the vouchers were sent you may have to suck it up.

Nope, the OP has correctly ascertained:-

Consumer Rights Act 2015 states, Loss or damage in transit.

If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader’s risk until delivery.

born_again

gettingtheresometime wrote: »

I have a potential situation brewing where some thing I sold on eBay hasn't arrived but I have a receipt from the post office proving it was sent.

If the hotel can prove the vouchers were sent you may have to suck it up.

Usually ebay want proof of delivery, not posting.... So recorded or signed for on any sale.

Mabeldog

foxtrotoscar wrote: »

Nope, the OP has correctly ascertained:-

Consumer Rights Act 2015 states, Loss or damage in transit.

If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader’s risk until delivery.

Thank you - this is what I really wanted to know and confirms my research !

It's really the principle now - I also found a Trip Adviser post when some vouchers ran out after 6 months Hotel wouldn't budge - so in there case again £ 50 for doing very little - nice work if you can get it