Online order: Delivery attempted, then not collected, and returned to sender. What are my rights?

KB97

Hello. I made an online order a while back and the delivery was not completed (I wasn't in to receive a signature). It was then held by Royal Mail for the retention period, and I didn't collect it. The item was then returned to their mail centre, but as they couldn't see a return address they probably destroyed the item. All of this was, and still is, on tracking.

I am wondering what my rights are. I never received the item (even if delivery was attempted), and the problem seems to be that Royal Mail couldn't return it to them and therefore it was destroyed by them at their sorting centre. This means that neither the company nor me have the item.

I've spoken to the company and they raised it with Royal Mail but with it taking so long I get the distinct impression they're not planning to do anything. I feel that if the return to the company had been successful I would have received a refund.

Here is the exact timeline (some time has now elapsed but the company have been aware for a while):

17th July - Item sent to me by company.
18th July - Delivery attempted, no answer.
19th July - Collection window opens at mail office.
19th August - Retention exceeded, returned to national sorting centre.

2nd September - "Available for redelivery or collection" at national sorting centre, although Royal Mail when called said the item would have been destroyed as they couldn't find a return address.

I'm specifically keen to know if I have the right to a replacement/refund in light of delivery not being completed, or if the fact delivery was attempted is enough for me to no longer have that right. If I know I'm entitled to a replacement or refund I can more easily hassle the company for ne.

neilmcl

I don't think you have any rights here. An attempted delivery was made, which you weren't in for then it it was made available to you to collect which you choose not to do. The question is, why haven't you been on to Royal Mail to collect your parcel?

DiddyDavies

neilmcl said:

I don't think you have any rights here. An attempted delivery was made, which you weren't in for then it it was made available to you to collect which you choose not to do. 

Legally they do have the right to a full refund as whatever the reason, they (or someone nominated by them) haven't received the goods and there is nothing in any legislation that states that the right to a refund is lost once a delivery has been attempted or goods made available for collection.

Morally however, many people (myself included), may think that unless there was a very good reason why the OP didn't collect or make an arrangement for the goods to be redelivered, don't see why the retailer should have to suffer the loss.

peter_the_piper

Why on earth did the OP not make arrangements to either be in or collect?

born_again

Where was item purchased from. Retailer or online auction site?
And as per above. Why not go and collect or rearrange delivery?