Seller won't refund due to missing package; Courier company won't investigate either

vka

I have returned some items to a retail clothing company via ParcelForce. The retailer says they have not received the parcel, despite the tracking details showing that the parcel was delivered and signed for. They have advised they will not investigate my issue any further and will not refund me the money I am owed. They tell me it is my responsibility to track the parcel and follow up with ParcelForce.

ParcelForce says the parcel was signed for and have also said they will not investigate my issue any further. They are also refusing to send me the signature/proof of delivery because they say I am raising the issue outside of their policy timeline. That is due to the fact that I have been following up with the retailer for the past 3 weeks and only found out the parcel is 'missing' last week.

I'm now stuck in the middle of these two companies who are both refusing to help me, and I am out-of-pocket by several hundreds of pounds. I am in touch with Citizens Advice regarding this matter but any advice, very gratefully received. 

cx6

Who paid the return postage - was a pre-paid returns label given to you by the company or did you buy and pay for the postage from parcelforce.

In any case, if parcelforce say the package is tracked and signed for and delivered then your quarrel is not with them - the retailer has the package. 

If you paid by card you could try claiming from them

Otherwise you send a letter before action to the retailer and then the small claims court (it is very straightforward). Obviously it is for the judge to decide but if you have Parcelforce saying they delivered then that is a strong case for you.

vka

Thanks v much for your response. I had to pay for the return postage. I didn't realise, but the retailer's policy is that you have to return the item within 14 days to be able to have a pre-paid returns. After that it is down to the consumer, and the retailer takes no responsibility for receiving the return. I obviously found all of this out after that fact. 

I paid by credit card, but through PayPal. Didn't realise until now that it's unlikely I can claim under section 75. 

Citizens Advice have recommended using a letter template regarding a contract that has been breached (this site won't let me add the link). However if you know of anything other/better, do let me know. thanks again. 

cx6

Letter before action and then small claims court. Try and get something in writing from Parcelforce that they have delivered the tracked package (or you may already have an email confirming this). 

I would keep it very very simple - Parcelforce have delivered - where's my money?

Basically your claim is that they have received the return but are nor refunding you.

Problems with goods - letter before court action - Citizens Advice