Company claim item not received, won't refund

mr.red

Good afternoon,
I sent a mobile phone back to a company (Boxed Tech) in it's original unopened condition after it was no longer needed, within 14 days. The company sent a prepaid Royal Mail tracked stamp (barcode).

I've left it a week or so before contacting the company again as I hadn't received a refund. They said they haven't received the item in their warehouse and that I'd have to contact Royal Mail for more info on the tracking.

Royal Mail have turned said today that their tracking number doesn't provide any more information other than the parcel was delivered on the 1st April. No signature, no destination, just 'delivered'. 

Where do I stand going forward? I'm not prepared to sit back and accept I've lost over £200 when I've followed the companies procedure. 

Any advice would be greatly received. 

DoaM

How did you pay?

nyermen

The company sent a prepaid Royal Mail tracked stamp (barcode).

Someone with a more rehearsed statement will be along but for note the contract with Royal Mail is between them and Royal Mail, you shouldn't be chasing them (and in fact Royal mail would be within their rights to not talk to you about it). If it's delivered according to the method provided by boxed tech then its on them to sort it.  Dont let them fob you off with uninsured either, if they provided the shipping then its on them to adequately insure it.
Request your money again, and as DoaM says, how did you pay - if credit card then you have a second option.

mr.red

DoaM said:

How did you pay?

Via debit card I believe.

DoaM

OP can raise a chargeback claim.

Undervalued

The normal presumption in English civil law is that correctly addressed mail is delivered.

So, assuming you have proof of posting, if this went to court they would have a devil of a job to persuade the judge (on the balance of probabilities) that they didn't receive it.

mr.red

Thanks very much for your replies chaps,  I'll have a look at getting a chargeback upon seeing what the companies next response is.

Much obliged, take care.

custardy

Undervalued said:

The normal presumption in English civil law is that correctly addressed mail is delivered.

So, assuming you have proof of posting, if this went to court they would have a devil of a job to persuade the judge (on the balance of probabilities) that they didn't receive it.

Its beyond that. OP has proof of Tracked return for a label supplied by the business. All they had to do is post it,arrival is not on them.

steampowered

You could try sending the company the tracking number? That way they can see for themselves that it's been delivered.

It is possible that they have received the parcel but just haven't processed it yet.

the_lunatic_is_in_my_head

custardy said:

Undervalued said:

The normal presumption in English civil law is that correctly addressed mail is delivered.

So, assuming you have proof of posting, if this went to court they would have a devil of a job to persuade the judge (on the balance of probabilities) that they didn't receive it.

Its beyond that. OP has proof of Tracked return for a label supplied by the business. All they had to do is post it,arrival is not on them.

Given the tracking doesn't demonstrate specifically where the item was delivered (I'm aware GPS data can be available but the OP advises they've left it a week) and a pre-paid return label can be amended I would hope both the small claims or chargeback process would follow the cancellation regs to the letter and not take vague tracking information as certain proof of the retailer having received the goods:

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.

Undervalued

the_lunatic_is_in_my_head said:

custardy said:

Undervalued said:

The normal presumption in English civil law is that correctly addressed mail is delivered.

So, assuming you have proof of posting, if this went to court they would have a devil of a job to persuade the judge (on the balance of probabilities) that they didn't receive it.

Its beyond that. OP has proof of Tracked return for a label supplied by the business. All they had to do is post it,arrival is not on them.

Given the tracking doesn't demonstrate specifically where the item was delivered (I'm aware GPS data can be available but the OP advises they've left it a week) and a pre-paid return label can be amended I would hope both the small claims or chargeback process would follow the cancellation regs to the letter and not take vague tracking information as certain proof of the retailer having received the goods:

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.

It is a civil matter, the OP doesn't need "certain proof". They only need evidence to convince a court (if it gets that far) "on the balance of probabilities" ( i.e 51% ). Evidence that a correctly addressed item was posted is normally sufficient for that purpose.