Return has gone missing in post - retailer won't refund

queencupcake

Hello,

I'm looking for some advice please. In June, my husband placed an order for 2 items of golf clothing from an online retailer (I won't disclose the name at present). One of the items of clothing was too small, so, following the returns procedure on their website, he emailed the retailer to tell them he was returning it. He was provided with an address to to return it to and was told that he would also be reimbursed for the cost of postage for sending the item back. At the same time, my husband placed an additional order for the next size up (which fits perfectly).

When he was arranging the postage for the return, he contacted the retailer by email to check how they wanted the item sent (given that they were in effect, paying for it). He received no response so he decided to phone the golf club that the shop was based at (as advertised on their website). He was told that no one could assist him. With no communication, he decided to send it back Signed For, which was the same service that the retailer used to send the item to him. It is important to note that the return address provided by the retailer was not the golf club address.

After a few days my husband checked the tracking and could see that the item hadn't been delivered. He emailed the retailer again to check on the item and didn't receive a response. Concerned, I contacted Royal Mail for advice and was told that the return address that I was provided with by the retailer, didn't exist. We have also confirmed this by doing a Google search and a map search - it doesn't exist! Therefore the return item is "somewhere" in the system and unable to be delivered or tracked. He emailed the retailer again to explain the situation and yet again, didn't receive a response. In his frustration, he phoned the golf club to try to resolve this issue and was told again that no one could assist. He insisted that he left his telephone number as he was unable to resolve this issue and was outstanding on a considerable amount of money. Until Saturday, he had received no phone calls, no emails and more importantly no refund. I then decided to put together a formal complaint and contact both the retailer AND the golf club (seeing that they advertise that they are based there). For the first time in weeks I received a response from the retailer, saying that the address is correct and he wouldn't be refunding until he received the goods. It has now been over 3 weeks since the return was sent and it's highly unlikely it will ever arrive. 

Therefore we are at a stalemate situation and don't know what to do. I spoke with CAB this morning and they did advise that the retailer was in breach of contract and that we needed to put together a formal complaint. However.....if the retailer is insisting that he has provided the correct address (which Royal Mail are saying isn't correct) where do we stand? Ordinarily I would just file a claim with RM however we are only covered up to £50 with Signed For, and the item cost £95. More importantly, if the address doesn't exist - then the RM won't reimburse. 

I've done some research and I can't figure out if we are covered by any Consumer Rights. I have proof of posting and this confirms that the item was posted. Where does our responsibility end and the retailers start? Is it down to the retailer to claim given that they stated that they would pay for it?

Many thanks in advance.

JJ_Egan

Reads as posted to not the correct address for returns.

Who is this retailer ?

queencupcake

JJ_Egan said:

Reads as posted to not the correct address for returns.

Who is this retailer ?

The retailer is POC Golf. Their website doesn't state ANY returns address, it simply says to email info@pocgolf.com for information. They replied with an address that was based on some business park, and neither I nor RM can see the specific unit that they have mentioned. In addition to this, I was told by the RM that the address they provided us with is a mishmash of several addresses and doesn't exist in it's entirety. Looking at other businesses located on the same industrial estate, their addresses follow a different format.

Companies House also list another address, so I am very confused!

jon81uk

Was there your address anywhere on it? If so hopefully at some point Royal Mail will get it back to you. Not sure on what Royal Mail do if its incorrectly addressed with no return address.

Otherwise you will have to try and claim from Royal Mail as lost, but as you say you only covered up to £50. As you are the people who paid Royal Mail then you have the contract with them. The only thing the retailer did wrong is give the incorrect address, but getting them to assist sounds like its going to be difficult.

Manxman_in_exile

Ignoring for the moment whether the retailer provided the correct return address or not, are you saying that Royal Mail have permanently "lost" the item somehow, or are you simply saying it is "in the system" somewhere, and that you are waiting for RM to return it to you?

(IIRC correctly, letters and packages that cannot be delivered and which do not bear a return address go to a RM facility in Belfast where they try to identify the sender and return the item.)

Are you absolutely sure that you used the same return address as supplied by the retailer, word for word?  If you have and that address does not actually exist, I'd have thought that would be easy enough to prove to the retailer?  (An email from RM or a link to their address finder1).

pbartlett

If it cannot be delivered, RM will return it to the return address written on the package. They are normally pretty good at this so you will get your item back probably in a few days.

If yiu didn't write on it, then as above it will eventually get opened - was your address anywhere inside?

As an aside, it is always best to get a paid for returns label as that way the retailer is responsible if the return is lost. If you pay for the return (even if they promise to refund) then YOU are responsible.

the_lunatic_is_in_my_head

Point the retailer to the below along with a screenshot of their message containing the return address plus a copy of your proof of return that shows the address it was sent to and request they refund asap, otherwise follow up with a letter before action and small claims:

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

visidigi

Is the return address in northern Ireland?

queencupcake

visidigi said:

Is the return address in northern Ireland?

Yes it is

queencupcake

the_lunatic_is_in_my_head said:

Point the retailer to the below along with a screenshot of their message containing the return address plus a copy of your proof of return that shows the address it was sent to and request they refund asap, otherwise follow up with a letter before action and small claims:

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

the_lunatic_is_in_my_head said:

Point the retailer to the below along with a screenshot of their message containing the return address plus a copy of your proof of return that shows the address it was sent to and request they refund asap, otherwise follow up with a letter before action and small claims:

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

Thank you, I will do this.

queencupcake

pbartlett said:

If it cannot be delivered, RM will return it to the return address written on the package. They are normally pretty good at this so you will get your item back probably in a few days.

If yiu didn't write on it, then as above it will eventually get opened - was your address anywhere inside?

As an aside, it is always best to get a paid for returns label as that way the retailer is responsible if the return is lost. If you pay for the return (even if they promise to refund) then YOU are responsible.

Yes my address was on the address label. Hopefully I will receive it back soon. The retailer didn't offer a paid for returns service - I did ask but they said they would reimburse me.