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Item Not Delivered - What Are My Rights?

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Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The retailer is responsible for the item until it reaches you so yes, they should be dealing with the courier.  Not on your behalf, because the courier isn't your responsibility, so don't let them make out it is.  Asking you to fill out a form confirming non-delivery is reasonable - it's a fair way of asking you to confirm you aren't making a fraudulent claim of non-delivery for what you say is an expensive item.
  • The retailer is responsible for the item until it reaches you so yes, they should be dealing with the courier.  Not on your behalf, because the courier isn't your responsibility, so don't let them make out it is.  Asking you to fill out a form confirming non-delivery is reasonable - it's a fair way of asking you to confirm you aren't making a fraudulent claim of non-delivery for what you say is an expensive item.
    I do have a concern regarding the form. It does seem to absolve them of blame/responsibility. It states:

     Unfortunately, with such secure and strong tracking procedures, couriers do not make the claim process easy on us. To support claims further they will need a formal signed declaration from you, the recipient, stating the non-delivery. Once the form is returned this will be shared with the courier in the hope that they will reimburse  ******** on your behalf. At this point ******* will propose a course of action while the courier claim progresses. Any offers made by ********* at this stage will be funded by *********** and we appreciate you keeping us informed on delivery of the original item(s). This important step allows us to avoid unnecessary loss or disciplinary escalation at ********* or our courier partners.

    Do i HAVE to fill this out? I do have the issue in that i dont have access to a printer and it would take until after lockdown and probably longer to be able to sort something.
    When i say expensive, it was £63. If you are on disability benefits, that is a lot.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,702 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They're entitled to ask you to declare you haven't received the original shipment.  The form is clumsily written in parts, but I can't see that you're compromising yourself by signing it.  You could always ask if sending them an email with the same wording would suffice.  It should.

    Since the item is vital, I'd be cooperating as best as I could to get this sorted.  The sooner you confirm you haven't received the item, the sooner they should send out a replacement or issue a refund so you can order elsewhere.
  • They're entitled to ask you to declare you haven't received the original shipment.  The form is clumsily written in parts, but I can't see that you're compromising yourself by signing it.  You could always ask if sending them an email with the same wording would suffice.  It should.

    Since the item is vital, I'd be cooperating as best as I could to get this sorted.  The sooner you confirm you haven't received the item, the sooner they should send out a replacement or issue a refund so you can order elsewhere.
    Thank you for your help.

    It seems i can use Chrome to fill in and eSign the pdf, so hopefully that will suffice.
  • Ectophile
    Ectophile Posts: 7,979 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you paid by debit card or credit card, there is the option of a chargeback.  You do that by contacting the bank that issued the card.
    But don't do that unless you have run out of patience with the supplier.  If you do a chargeback against them, they will probably close your account and refuse to deal with you again.  Treat it as a final resort if the retailer won't help you.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Neddlings said:
    Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

    My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

    The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


    Royal Mail 48 is the same as 2nd Class post and it will only scan upon delivery. 2nd class post can arrive the next day or 10 days later, it's very up in the air at the moment. 

    If they sent Royal Mail Tracked 48 that's a completely different service.  
    In the game of chess you can never let your adversary see your pieces
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 November 2020 at 9:41AM
    Neddlings said:
    Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

    My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

    The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


    More than likely it's not been handed over to RM and either lost by the seller or has been stolen, but of course they're not going to admit that. There's no harm filling in their form but I'd also look at contacted your bank or CC company to raise a Chargeback.
  • Neddlings said:
    Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

    My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

    The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


    Royal Mail 48 is the same as 2nd Class post and it will only scan upon delivery. 2nd class post can arrive the next day or 10 days later, it's very up in the air at the moment. 

    If they sent Royal Mail Tracked 48 that's a completely different service.  
    It was tracked 48. The tracking simply states 'This item is on its way to Royal Mail.
    The sender has advised they’ve despatched your item to us. More information will be available when we receive it.'

    This has never changed.

    Im currently waiting for them to reply, which they have stopped doing (i can not use a phoen unfortunately, so have to rely on email - i think i prefer everything in writing too at this point). I will give them 48 hours (i feel this is reasonable) then i will escalate matters. I paid via paypal which i believe have a resolution centre.
  • Neddlings said:
    Neddlings said:
    Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

    My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

    The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


    Royal Mail 48 is the same as 2nd Class post and it will only scan upon delivery. 2nd class post can arrive the next day or 10 days later, it's very up in the air at the moment. 

    If they sent Royal Mail Tracked 48 that's a completely different service.  
    It was tracked 48. The tracking simply states 'This item is on its way to Royal Mail.
    The sender has advised they’ve despatched your item to us. More information will be available when we receive it.'

    This has never changed.

    Im currently waiting for them to reply, which they have stopped doing (i can not use a phoen unfortunately, so have to rely on email - i think i prefer everything in writing too at this point). I will give them 48 hours (i feel this is reasonable) then i will escalate matters. I paid via paypal which i believe have a resolution centre.
    Tracked can be sent via Amazon Shipping (from anywhere, not just for Amazon sellers) which adds another link in the chain possibly causing a delay between Amazon collecting and then handing to Royal Mail (I had a 24 that was shipped on the Monday but not delivered until the Saturday, once Royal Mail actually had they was quick).

    (Assuming they used Amazon Shipping) Whether you get any more tracking info here I'm not sure:

    https://track.amazon.co.uk/

    Ultimately the passing of risk occurs when the goods come in to your possession, signing their form can't sign away your rights so no harm in doing so but they should be replacing or refunding your order if there is no sign of it being delivered. 

    Paypal should also cover you for non-receipt.

    They can of course run any checks with the courier but should do so in a timely manner and then resolve for you. If the parcel has been significantly delayed, they refund but it then materialises you'd have to make it available for them to collect (or repay if you wish). 
    In the game of chess you can never let your adversary see your pieces
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Neddlings said:
    Neddlings said:
    Firstly, as im sure this is a commonly asked question, i have suffered a serious brain injury and due to Covid 19 my care has vanished along with those who help me with such things. I find navigating this forum quite difficult and im not even sure what section i am posting this in. Please bear this in mind before jumping on me.

    My problem - I ordered a product and it was sent out via Royal Mail 48. According to the tracking info it has not even been handed to RM, simply assigned a tracking number. It has been this way over a week now. The company are blaming RM for not scanning.

    The company are saying that i have to fill out a pdf file about non-delivery and then they will escalate matters with RM on my behalf. Is this correct? I could be waiting months if so for a very expensive, and very vital, item. 


    Royal Mail 48 is the same as 2nd Class post and it will only scan upon delivery. 2nd class post can arrive the next day or 10 days later, it's very up in the air at the moment. 

    If they sent Royal Mail Tracked 48 that's a completely different service.  
    It was tracked 48. The tracking simply states 'This item is on its way to Royal Mail.
    The sender has advised they’ve despatched your item to us. More information will be available when we receive it.'

    This has never changed.

    Im currently waiting for them to reply, which they have stopped doing (i can not use a phoen unfortunately, so have to rely on email - i think i prefer everything in writing too at this point). I will give them 48 hours (i feel this is reasonable) then i will escalate matters. I paid via paypal which i believe have a resolution centre.
    All hat means is the sender has been issued with a Tracked 48 label and tracking number, it doesn't mean they've actually sent it. I printed one of the other day when returning something back to Amazon via RM, the status only changed when I actually took it to the post office.
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