Do I have a Claim under Section 75?

[Deleted User]

What labels did they provide? Surely 2 labels, 2 packages, 1 label, 1 package?

Firstpastthepost

camelot1971 said:

What labels did they provide? Surely 2 labels, 2 packages, 1 label, 1 package?

Sadly, no labels... Probably due in part to the pandemic and in part due to the boat company engaging them rather than myself I suspect... So I have nothing by way of proof in relation to either parcel collected by the courier and they have only one scanned through...

whitesmith

As I said previously, once you hand the parcels to the courier your responsibility ends. Who scanned what, and what was or was not delivered is not your problem.

If they do not refund you then go to the cc company and also the small claims court should you feel so inclined.

ARH_2

If the goods you've ordered are not 'bespoke goods' for the purposes of distance selling, your case is a slam dunk: you've handed them back to the courier and the retailer needs to provide a refund. As they're refusing you should now contact your credit card company. The fact that they weren't properly registered with the courier, went missing and/or weren't properly insured is between the retailer and the courier. 

I'd the goods are bespoke goods, you need to make the case that they weren't as described, so you returned them, or you returned them for another reason which is within the retailer's returns policy. Let's assume you're going with not as described, so you've returned them. The retailer is refusing to refund, so the next step is to raise it with the credit card company. Just give them a ring and they'll help you navigate the chargeback/Section 75 process. 

Sandtree

whitesmith said:

Order A arrived in 2 parcels and also Order B. You have no problem with Order B but Order A was faulty / not as described. You called the company who asked you to return it and sent a courier. 

You gave them both parcels pertaining to Order A and one has gone missing. That is not your problem - your responsibility ends once you hand the parcels to the designated courier.

Your remedy is to ask the company for a refund / replacement under the distance selling regulations and if not then go to your CC company.

I would keep it simple - your problem is with Order A not B - they are two separate things and not connected.

My reading of the OPs post is that the merchant agreed for the return of Part 1 of Order A and so sent a courier to collect that. The OP decided off their own volition/due to confusion to give Part 1 and Part 2 of Order A to the courier in two separate boxes.

The courier denies that they were given Part 2/a second box and the OP states they have no evidence that they gave them two boxes. The courier has done an investigation and can find no trace of a second box at any point in the chain.

I am curious as to what legislation states that a customer is always right if they claim to have returned something and what stops me from claiming I returned a 100 items to the courier that picks up only a single item? From memory the DSR didnt actually require the item to have been received back by the merchant for a refund to be due however nor does it mean the retailer cannot pursue a customer who never returns an item... which is what the merchant is claiming here.

phillw

Deleted_User said:

You'll only be entitled to whatever the courier compensation is for the second parcel, as you shouldn't have sent that one from what you say.

I'm not sure that is true as they were negligent in collecting the parcel in the first place and with "losing" the parcel.
As no explicit contract was entered, they can't rely on the terms in their standard contract. Normally when entering a contract with a courier you can pay for a level of compensation.

[Deleted User]

Firstpastthepost said:

camelot1971 said:

What labels did they provide? Surely 2 labels, 2 packages, 1 label, 1 package?

Sadly, no labels... Probably due in part to the pandemic and in part due to the boat company engaging them rather than myself I suspect... So I have nothing by way of proof in relation to either parcel collected by the courier and they have only one scanned through...

Did they just knock on your door and collect 2 parcels with no labels and no receipt provided then? Who was the courier?

whitesmith

There is no such legislation that the customer is always right. There is legislation that you can return items for a refund within 7 days of receiving them. It is always an option for the merchant to say 'I only received 1 in the parcel but you claimed you put 100 in the parcel and so I am not refunding you'.

If they do that, you have only 2 options. 1. go to the CC and say the merchant is wrong I sent back 100. 2. go to the small claims court and say the same thing. In the latter case, the judge will look at the facts of the case and decide who is most likely to be telling the truth.

In the case above, the CC company and small claims court (if used) will decide if, on the balance of probability, the OP did in fact give 2 parcels to the courier.

I must say from their posting I believe the OP.

Sandtree

camelot1971 said:

Firstpastthepost said:

camelot1971 said:

What labels did they provide? Surely 2 labels, 2 packages, 1 label, 1 package?

Sadly, no labels... Probably due in part to the pandemic and in part due to the boat company engaging them rather than myself I suspect... So I have nothing by way of proof in relation to either parcel collected by the courier and they have only one scanned through...

Did they just knock on your door and collect 2 parcels with no labels and no receipt provided then? Who was the courier?

This is what happened with my DPD collection the other day; they stated they’re not allowed to give receipts due to Covid rules so I copied their approach and took a photo of the chap with the box. Thankfully shortly after the online tracking changed to collected and the next day the person indicated they’d received the item.

phillw

Sandtree said:
so I copied their approach and took a photo of the chap with the box. Thankfully shortly after the online tracking changed to collected and the next day the person indicated they’d received the item.

I have done that pre-covid. I have also walked out while he's getting in the van and taken a picture of the van including the number plate.
I may of course be too paranoid/cynical.