Sports Direct Return Dispute

SallyWright

Hi All,
I returned an order to Sports Direct earlier this month (I had ordered the goods online and I returned them within two weeks).

I used Hermes as the courier, used the correct address and included the necessary returns slips in the package.

I had chosen the signed for service, and Hermes delivered the parcel on the 6th of January, obtaining a signature and the name of the person signing (I can access this info online).

It is now the 29th of January and Sports Direct customer services say they never received the parcel.

I have explained about the signed for delivery and even provided the Hermes tracking details as they requested them - their response is that they don't have it so I need to raise a dispute with Hermes.
Can anyone advise?
Many thanks!

Bermonia

Yes... it would seem that you need to raise a dispute with Hermes.

As bad a company as sports direct are, if they have no record of receiving it then there is very little they can do in terms of an investigation. I presume contract to deliver was formed between you and Hermes, so you will need to be the one to chase and deal with them.

Pollycat

Bermonia wrote: »

Yes... it would seem that you need to raise a dispute with Hermes.

As bad a company as sports direct are, if they have no record of receiving it then there is very little they can do in terms of an investigation. I presume contract to deliver was formed between you and Hermes, so you will need to be the one to chase and deal with them.

I don't understand this ^^^^.
Why would the OP need to raise a dispute with Hermes when they have delivered and have a signature?
Wouldn't Hermes just say ' we have fulfilled our contract by delivering and obtaining a signature'?
Surely Sports Direct can't simply say 'we've not received the return' when the courier has proof otherwise.
OK - I do appreciate that this is Sports Direct.

Not the same scenario but I once ordered a parcel on 'click & collect'.
I got the email that it was instore.
The store said they hadn't got it.
I said is there somebody called 'Barnes' here?
Oh yes, that's Tom on Security.
Well, he signed for it at 07:55 so go and ask him what he's done with my parcel.
I got my parcel.

I'm sure someone will be along soon with advice about what to do, specifically regarding the fact the courier has a signature.

Fosterdog

Pollycat wrote: »

I don't understand this ^^^^.
Why would the OP need to raise a dispute with Hermes when they have delivered and have a signature?
Wouldn't Hermes just say ' we have fulfilled our contract by delivering and obtaining a signature'?
Surely Sports Direct can't simply say 'we've not received the return' when the courier has proof otherwise.
OK - I do appreciate that this is Sports Direct.

Not the same scenario but I once ordered a parcel on 'click & collect'.
I got the email that it was instore.
The store said they hadn't got it.
I said is there somebody called 'Barnes' here?
Oh yes, that's Tom on Security.
Well, he signed for it at 07:55 so go and ask him what he's done with my parcel.
I got my parcel.

I'm sure someone will be along soon with advice about what to do, specifically regarding the fact the courier has a signature.

If this was the other way around and OP was denying they received the parcel but SD told them they had courier confirmation of delivery you wouldn't be telling OP it was tough, so why should SD just accept it when it's the other way around?

The courier show it as delivered but SD say they don't have it, it needs to be investigated and it sounds like OP chose and paid for the courier rather than using a provided returns label so it is up to OP to chase with Hermes and get Hermes to investigate. What is to stop the courier contracted by OP from stealing a parcel and forging a signature in the same way some do it when delivering to people's homes?

It might be a case of SD lying about having it, it might be a mix up their end and they do have it but have misplaced it, or it could be the courier who's faked a delivery.

OP definitely raise it with Hermes, they usually have a regular driver for each area and a company like SD will get lots of deliveries so it might be a case of the driver will speak to someone at SD and help get it sorted, they usually get on well with the regulars on their rounds, or maybe they are getting regular complaints about missing parcels with the particular driver.

Also keep pursuing it with SD, give them the time and name of the person who signed and ask them to look into anyone with that name who works in the returns department, if they have someone with the name working there it should be straight forward, if they don't then somebody is lying somewhere along the way.

Your final option would be to go through your payment processor, if you paid by card then contact the bank, if you used PayPal then contact them and just give them the proof of delivery, that should be enough proof for them to refund you.

Pollycat

Fosterdog wrote: »

If this was the other way around and OP was denying they received the parcel but SD told them they had courier confirmation of delivery you wouldn't be telling OP it was tough, so why should SD just accept it when it's the other way around?

The courier show it as delivered but SD say they don't have it, it needs to be investigated and it sounds like OP chose and paid for the courier rather than using a provided returns label so it is up to OP to chase with Hermes and get Hermes to investigate. What is to stop the courier contracted by OP from stealing a parcel and forging a signature in the same way some do it when delivering to people's homes?

It might be a case of SD lying about having it, it might be a mix up their end and they do have it but have misplaced it, or it could be the courier who's faked a delivery.

OP definitely raise it with Hermes, they usually have a regular driver for each area and a company like SD will get lots of deliveries so it might be a case of the driver will speak to someone at SD and help get it sorted, they usually get on well with the regulars on their rounds, or maybe they are getting regular complaints about missing parcels with the particular driver.

Also keep pursuing it with SD, give them the time and name of the person who signed and ask them to look into anyone with that name who works in the returns department, if they have someone with the name working there it should be straight forward, if they don't then somebody is lying somewhere along the way.

Your final option would be to go through your payment processor, if you paid by card then contact the bank, if you used PayPal then contact them and just give them the proof of delivery, that should be enough proof for them to refund you.

Hang on a minute.
I was simply querying the advice given in the post above my post.
Now you've explained it (in better terms than the first reply) it makes sense.

But in the circumstances, I would already have done what you suggest in your paragraph 5.

Bermonia

Pollycat wrote: »

Hang on a minute.
I was simply querying the advice given in the post above my post.
Now you've explained it (in better terms than the first reply) it makes sense.

But in the circumstances, I would already have done what you suggest in your paragraph 5.

Not entirely sure what was so confusing about my first post.

Pollycat

Bermonia wrote: »

Not entirely sure what was so confusing about my first post.

I don't believe I said it was confusing.
I don't think you can deny that the later post has much more information.

the_lunatic_is_in_my_head

Bermonia wrote: »

Not entirely sure what was so confusing about my first post.

It wasn't confusing but it wasn't correct

OP:

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

(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.

Supply them with proof of return (the tracking number alone wouldn't cover this, you'd need to show them the booking including the correct address) and the above paragraph.