Retailer refusing to refund lost order even though I didn’t specify a safe place & no signature

user1977

Ergates said:

Bradden said:

wesleyad said:

Sadly those of us who work don't have the luxury. Most of the time there's no option anyway... None of the clothes stores my wife buy from offer timed delivery (or even day).

That's why i get my parcels delivered to my work.

Which isn't an option at many places of work.

Or even if it is, might leave you hunting around within your place of work for who the heck ended up with your parcel.

Alderbank

Apologies if I have missed it but how did you pay? Did you pay by credit card?

Littlejennar

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

sheramber

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

Littlejennar

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

Possibly, but possibly not. As it seems it’s the only thing I can do, I may as well try!

Aylesbury_Duck

Littlejennar said:

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

Possibly, but possibly not. As it seems it’s the only thing I can do, I may as well try!

What's wrong with the LBA suggestion I made a while back?  I suspect they'll back down upon receipt of it, unless they have something cast-iron that proves you're lying.

custardy

If you wish you can send me the tracking number and I can get an RM connection to check what data is there. potentially GPS.
It would be Monday before I got info from them though.

Alderbank

That's interesting, Custardy. I can see that GPS would show if has been delivered to the wrong address.

My experience is that my postie always waits for me to open the door for a parcel, otherwise he leaves a card if he leaves it next door or takes it back to the sorting office, but does what you say mean he could leave a parcel on the doorstep and click his device button to say it had been delivered? Do the rules say he must see it actually accepted?

the_lunatic_is_in_my_head

Littlejennar said:

the_lunatic_is_in_my_head said:

You'll have to remind them the contract is taken to include a clause that they as the trader will deliver the goods to you the consumer, that you aren't responsible for the actions of their agent whilst this is under taken and that the passing of risk only occurs once the goods come in to your physical possession:

www.legislation.gov.uk/ukpga/2015/15/section/29/enacted

Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

I sent the above to Zara but have just received this:

Hello Jenna, thank you for your patience. We are sorry to inform you that our relevant department has thoroughly assessed your concern and we are unable to accommodate your request for a replacement or refund for your order. Please be advised that we are unable to find any errors in the delivery process as we have confirmed the order was successfully delivered to the address provided. We apologise for any inconvenience this may have caused. Thank you.

I am absolutely at a loss as to why they are being so difficult about this. It was delivered to me when I wasn’t in, and therefore would have been left when I gave no instructions or permission to do so. I am out of nearly £200 and struggling as to what to do next. Any help would be much appreciated. 

Best to ask them for their proof that the goods were delivered to your address, as Custardy says it's likely to be GPS data from the PDA at the point of scan. 

If they fail to provide anything solid then have a look on Google for a template for a letter before action. 

If your Royal Mail delivery office (not Post Office) is near by you may wish to go in and have a chat with them, (personally I wouldn't bother with Royal Mail's main customer service).

photome

Littlejennar said:

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

sheramber said:

Littlejennar said:

Alderbank said:

Apologies if I have missed it but how did you pay? Did you pay by credit card?

I paid for it with debit; but have checked with my bank and they can still reverse it. 

And Zara can, and probably will,  dispute the reversal and the money will be returned to them. 

Possibly, but possibly not. As it seems it’s the only thing I can do, I may as well try!

Why go that route where it’s likely to fail rather than a LBA where it’s likely to win