John Lewis breach of contract. Lost returned item

Capitan

I hope somebody can offer some advise.

I returned an item purchased from the John Lewis' website which I had to return a few days later having realised that it was not the product I was meant to buy. The item was returned using the prepaid Royal Mail Tracked 48 service label on the 13th July and I thought nothing more of it. But after a further 14 days had elapsed I had not received a refund and contacted John Lewis only to be told that it would "most probably be paid back to my PayPal account within an additional 48 hours". Several days passed and still nothing, I contacted PayPal who said there was nothing pending and they advised that I contact John Lewis again. I checked the tracking of the package and there was no line to say that it had been delivered just a line confirming posting at the Post Office, so I contacted John Lewis again in early August who said to give it yet another '48 hours' as they needed to "check about the warehouse to see if they can find it". 

At this point feeling that John Lewis were not taking the matter seriously, and that I was currently nearly £1600 down so not small beer, I decided to contact Royal Mail myself who informed me that not only would I not be able to claim for compensation, as technically the prepaid label provided means that John Lewis was the contracted sender and addressee, but it was likely that the item had been delivered and had just failed to 'scan' on delivery. The chap put me through to what I think was a Royal Mail Business Customer services or similar and was now informed that the John Lewis returns centre receive thousands of Tracked 48 returns every week and inevitably some might not scan in as delivered. He also intimated that although, understandably, they could not talk about specific contracts it was likely that John Lewis will, if not already, be compensated within 'a day or two' by Royal Mail.

I contacted John Lewis by e-mail and via their chat service to be told yet again that someone would contact me in '48 hours'. Nobody did and so I contacted them again and was told that I just needed to wait another, surprise surprise, "48 hours".

Finally on the 11th of August I received a poorly written e-mail, requesting proof of delivery. Although I could not do this I sent back the Post Office proof of posting receipt and awaited their reply. Today (14th August) I received an e-mail from John Lewis asking what else I had posted at the Post Office that day! No apology, no mention of refund, no promise to resolve this. It's as if they are hoping I will just go away.

I spoke to Citizens Advice consumer helpline who advised that John Lewis should have refunded me no later than the 27th of July and have been in breach of contract since this date and gave me a link to one of their letter templates which I can alter and send to John Lewis informing them of this breach.

My question is what happens next if they ignore this? As I say, they appear to me to be just hoping that I go away or that I am naive enough not to take it further. I assume that this approach deters a certain percentage of those chasing refunds which I find rather calculated and rather insidious. 

Is there a distance selling law I can quote to John Lewis to confirm this breach?

Will I have to take them to a Small Claims court? 

My lack of knowledge on the laws pertaining to my consumer rights is not helping but I still feel furious, it appears to me that they have my money, Royal Mail's money and according to Royal Mail, more than likely have the item as well.

Any constructive comments welcome.

Spank

The good news is that as the return was a prepaid label and you have proof that it was handed over to the post office it's JL's problem if it's lost.

I would have thought the tracking would have been proof of postage, have you sent JL the tracking number?

Capitan

Yes they have had this from the moment I contacted them.

theonlywayisup

I did read your post.  You nearly lost me at 'compensation' and again when Citizens Advice advised you on a date for 'compensation'..

Is this about compensation or do you want your money back?

Capitan

Apologies, it all came out in a bit of a ramble. I want my money back from John Lewis. 

molerat

(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.

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

As they are messing you about :

Dear JL

LETTER BEFORE CLAIM

RE Order xxxxxxx

The above was returned to you on xx/xx/xxxx using the RM Tracked 48 label, ref xxxxxxxxxGB, supplied by you.  Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are required to refund within 14 days of receiving the item or my supplying evidence of return.  That evidence was provided on xx/xx/xxxx therefore I require you to issue an immediate refund to my Paypal account.  If funds are not received within 14 days I reserve the right to commence action in the courts without further notice.

Loads of Luv

Capitan

Capitan

Thank you molerat, I think that is just what I'm after. Time to draft a letter.....