Returned Boots - Lost in Post

Dergolem

I bought some boots online before Christmas.  They arrived promptly but were the wrong size.  The item had been mis-sized on the website for the brand.  The company 'Daniel Footwear' were happy to accept their mistake and sent me a return form to print off and attach to the parcel.  I took the parcel to the local Royal Mail Sorting Office who received it.  I asked for a receipt but the member of staff said there was no way of giving me a receipt or tracking number because the returns label did not have a bar code or QR code. I thought it was slightly strange but they assured me this was their practice. 

A month later the parcel had not arrived at 'Daniel Footwear'.  Who said because I had no proof of postage they were not able to offer a refund and probably best to wait as it may well yet arrive.  Since January I have been phoning Daniel Footwear checking if the boots have arrived to no avail.  They have also told me this is their standard returns label.

I have  been back to the Royal Mail sorting office who have assured me parcels 'go through the same system' as the Post Office and there would be no way of giving me a receipt for the paid postage label I attached to the parcel. 

Since then I have spoken to Royal Mail customer service and sent 2 emails asking if they can help me locate the parcel or offer some compensation but they say it's not their department even though I have explained I it was received by a Royal Mail sorting office employee.  The boots are worth £100 so I'm a bit loathed to give up on them and feel there must be some way of finding out if or who is responsible or can help me.

I'm hoping to either get a refund or replacement. 

Thanks in advance for any advice

Mia

hollydays

It did say in their t& cs that you should take it to a post office and ask for tracking, or take it elsewhere and get a receipt

gettingtheresometime

It's a bit late but even when I've been given a pre paid label I've always paid, out of my own pocket , either for the special delivery or signed for service (depending on value) for my own peace of mind. 

Dergolem

hollydays said:

It did say in their t& cs that you should take it to a post office and ask for tracking, or take it elsewhere and get a receipt

Thanks for your response.  I have looked on their website and Daniel Footwear have entirely changed their returns policy change since I last looked in March.  Now the customer generates their own trackable label from Royal Mail.  There was no mention of where to take it previously although it did stipulate proof of postage required.  I only learned this in hindsight because I was trusting there wouldn't be an issue as the initial problem was a misrepresentation on their website which had affected many customers. 

I suppose my problem is that there was an issue with their return labeling system (hence why their policy has changed) plus Royal Mail not giving me a proof of postage.  So would you think Royal Mail are responsible as I asked for a receipt and was perhaps wrongly advised by their staff?  I have not received a response since I pointed this out to RM. 

DoaM

Legally they can't decline to refund simply because they haven't received the goods back. (Consumer Contracts regs 2013 I think). Enforcing this though may be another matter.

hollydays

Dergolem said:

hollydays said:

It did say in their t& cs that you should take it to a post office and ask for tracking, or take it elsewhere and get a receipt

Thanks for your response.  I have looked on their website and Daniel Footwear have entirely changed their returns policy change since I last looked in March.  Now the customer generates their own trackable label from Royal Mail.  There was no mention of where to take it previously although it did stipulate proof of postage required.  I only learned this in hindsight because I was trusting there wouldn't be an issue as the initial problem was a misrepresentation on their website which had affected many customers. 

I suppose my problem is that there was an issue with their return labeling system (hence why their policy has changed) plus Royal Mail not giving me a proof of postage.  So would you think Royal Mail are responsible as I asked for a receipt and was perhaps wrongly advised by their staff?  I have not received a response since I pointed this out to RM. 

Difficult. What was the exact misrepresentation?

Dergolem

hollydays said:

Difficult. What was the exact misrepresentation?

I can't exactly remember plus I don't have a screenshot of their previous T&C returns policy but I don't think it mentioned where to take it.  I just can't be sure.  My issue is that I followed what Daniel Footwear asked me to do ie print the label and send the parcel back and it hasn't arrived or been found in their warehouse.  Looking at the Consumer Contract Regulations 2013 - the onus is on them to get the item back but as DoaM mentioned, legally hard to enforce.

Maybe the key point is when I was speaking and emailing with Daniel Footwear about returning the item they did not mention getting a proof of purchase (even though I attempted to from Royal Mail).  It was only through checking their policy on the website that I discovered this stipulation.

hollydays

So are you now saying they werent misrepresented?

hollydays

You've already admitted in the original terms they did say proof of postage was required.You failed to obtain that.

sheramber

I have had a certificate of postage for prepaid items.
The details  were entered manually by  the PO employee and a certificate run off.
This certificate does not have tracking , it is merely a record of an  item being handed over.
There is a  certificate number on it that Royal Mail can use in case of a claim for non delivery.

Fosterdog

Your problem here is that you took it to a sorting office (delivery office?) rather than a post office. Very few delivery offices have computer systems to generate receipts or ways of taking any sort of payment for posting, that is what a post office is for. Some will give an old style hand written proof of postage form but nothing with any kind of reference on it. At least if it was a tracked item they scan it in to the network and as long as you make a note of the tracking number it can be traced with or without a receipt.

As they told you they could not issue any sort of receipt you then had a choice of leaving it with them and taking a risk or taking it to a post office where you could get the receipt you needed, you chose the former.