Yours clothing - stolen parcel - my rights?

wolfbane9

Sandtree said:

wolfbane9 said:

Were_Doomed said:

Goods remain at the sender's liability until they are received by the addressee / at the address. Leaving with a neighbour - especially when expressly not agreed to - does not absolve the sender of that liability.

Thanks. What's next steps - chargeback?

Why chargeback rather than speaking to Yours?

As already explained, it remains their liability until its either in your hands or left where you instruct them to and so its for them to put right. You can do a chargeback but then have the uncertainty for an age afterwards that the retailer may dispute it and the money be taken back again. 

Exactly, I've messaged Yours several times now and they refused to answer, saying it's a police matter and not their problem any more. I don't know what else to do as I quoted my rights at them and they ignored me. 

wesleyad

born_again said:

Were_Doomed said:

wolfbane9 said:

Were_Doomed said:

Goods remain at the sender's liability until they are received by the addressee / at the address. Leaving with a neighbour - especially when expressly not agreed to - does not absolve the sender of that liability.

Thanks. What's next steps - chargeback?

I would suggest yes, although you may need to wait for 15 (?) days before it becomes officially not delivered. (I'm not sure of the exact chargeback rules).

Except that there is proof of delivery. (OK, not the OP address) but that does not matter on a chargeback, all they need is proof of delivery.
So retailer will simply reject on that basis.

But surely by that logic they can deliver to wherever they want, even back to themselves and then reject? Can't be that black and white surely. I feel this will definitely need the retailer to push for an investigation from Hermes, who will then need to prove delivery to the neighbour. If yours aren't playing ball then a letter before action might help. A chargeback might be worth trying as long as you make sure they understand the situation. Really its up to Yours to pursue police action as they have had is stolen, not the OP as they never aquired the item.

born_again

wesleyad said:

born_again said:

Were_Doomed said:

wolfbane9 said:

Were_Doomed said:

Goods remain at the sender's liability until they are received by the addressee / at the address. Leaving with a neighbour - especially when expressly not agreed to - does not absolve the sender of that liability.

Thanks. What's next steps - chargeback?

I would suggest yes, although you may need to wait for 15 (?) days before it becomes officially not delivered. (I'm not sure of the exact chargeback rules).

Except that there is proof of delivery. (OK, not the OP address) but that does not matter on a chargeback, all they need is proof of delivery.
So retailer will simply reject on that basis.

But surely by that logic they can deliver to wherever they want, even back to themselves and then reject? Can't be that black and white surely. I feel this will definitely need the retailer to push for an investigation from Hermes, who will then need to prove delivery to the neighbour. If yours aren't playing ball then a letter before action might help. A chargeback might be worth trying as long as you make sure they understand the situation. Really its up to Yours to pursue police action as they have had is stolen, not the OP as they never aquired the item.

A chargeback is that black & white.
On a non receipt chargeback all the retailer has to do is prove delivery. It does not matter where, just it was delivered. That is because it is card regulations and are over and above your legal rights. Card providers Visa/Mastercard set the rules.

wolfbane9

Well a bit of progress. It took me 12 messages to Yours, 1 written letter to CEO, one report to trading standards, chargeback claim and then I told them I'd contacted Joe Lycett's show - now I get a very apologetic phone call, they're sending me a denial receipt of goods form? and sending it by another courier again. 

k3lvc

wolfbane9 said:

Well a bit of progress. It took me 12 messages to Yours, 1 written letter to CEO, one report to trading standards, chargeback claim and then I told them I'd contacted Joe Lycett's show - now I get a very apologetic phone call, they're sending me a denial receipt of goods form? and sending it by another courier again. 

It must've been the threat of Joe Lycett that did it