Goods ordered, not received

Nickyno

My daughter placed an order with a well known retailer on January 10th 2021.  On the 15th January she received part of her order, and therefore contacted the retailer to notify them of the missing items.  The retailer responded to say, some items where out of stock and she would be refunded for said items.  However, after refunding the items that were out of stock, 4 items remained disputed, never received or refunded.  After several emails back and forth with the retailer about said missing items she was asked to complete a missing item form on the 2nd March, which she completed and returned on same day.  Today she has received another email, saying they are writing to acknowledge recept of her recent correspondence in regards to her claim of non receipt, and confirm under completion of her claim investigation a refund or replacement will not be processed for the claims she claims of non receipt.  This is due to her not returning her completed missing parcel declaration form back within the 14 day return period and their carrier confirming delivery of the correctly weighted, tracked parcel.
Where does she stand?  should she get her money back? She only received part of the order, and refurned for part of the order due to out of stock items, but is still missing 4 items from the order, which she made the retailer aware of 5 days after the order was placed.  The emails she sent have been responded to by different employees from the retailer more than 7+ different employees.

MattMattMattUK

Nickyno said:

My daughter placed an order with a well known retailer on January 10th 2021.  On the 15th January she received part of her order, and therefore contacted the retailer to notify them of the missing items.  The retailer responded to say, some items where out of stock and she would be refunded for said items.  However, after refunding the items that were out of stock, 4 items remained disputed, never received or refunded.  After several emails back and forth with the retailer about said missing items she was asked to complete a missing item form on the 2nd March, which she completed and returned on same day.  Today she has received another email, saying they are writing to acknowledge recept of her recent correspondence in regards to her claim of non receipt, and confirm under completion of her claim investigation a refund or replacement will not be processed for the claims she claims of non receipt.  This is due to her not returning her completed missing parcel declaration form back within the 14 day return period and their carrier confirming delivery of the correctly weighted, tracked parcel.
Where does she stand?  should she get her money back? She only received part of the order, and refurned for part of the order due to out of stock items, but is still missing 4 items from the order, which she made the retailer aware of 5 days after the order was placed.  The emails she sent have been responded to by different employees from the retailer more than 7+ different employees.

Who was the retailer, how did she pay, what was the value of the items (not the order value, the individual items) and had they previously send the form in January and she had not completed it?
Also, does she wish to purchase from this retailer in the future, as, depending on your answers to the above questions a Chargeback or S75 claim may be possible, however it will likely involve the retailer refusing to deal with her again.

Nickyno

Retailer- Go Outdoors total value over £200.00
Paid by credit card
About £70.00 in dispute
No first form and only form sent and returned on 2nd March
I was thinking S75 or charge back but not sure.
She will probably not buy from them again after this experience.

MattMattMattUK

Nickyno said:

Retailer- Go Outdoors total value over £200.00
Paid by credit card
About £70.00 in dispute
No first form and only form sent and returned on 2nd March
I was thinking S75 or charge back but not sure.
She will probably not buy from them again after this experience.

What was the value of the individual items though, the reason I asked that is S75 can only be used if the item is over £100 (eg must be a minimum of £100.01 and per item, not total value), however you can still go down the chargeback route, which would be the correct process in this instance. Start the chargeback now, you only have 120 days to raise a claim under the chargeback and 81 of them have already passed. 

sheramber

I think they are saying the non receipt form was not sent within 14 days of receiving the order.
When she told them items were missing did she list them all and did they confirm all of them had been out of stock.

Nickyno

Thankyou for your replies, I have emailed the CEO and will see what reply I receive, before contacting the bank.

MattMattMattUK

Nickyno said:

Thankyou for your replies, I have emailed the CEO and will see what reply I receive, before contacting the bank.

Start the chargeback process, you can always cancel if the retailer resolves the matter and in reality the CEO is not going to even read the email. You might get an admin person come back to you, but there is no point in dragging it out. 

Nickyno

Thankyou for your replies, I emailed the CEO and my daughter received a phone call within 2 hours of me emailing.  They apologised, and have refunded her for the missing items in full, and also refunded her some more as a gesture of goodwill.