Item lost by company, two items sent back and company lost return

Hydrasynth

Hello, just wanting to clarify where I stand with this issue

I bought an item in January this year. The item is electronic goods. 

There was a wait and it took around six weeks from order to delivery. 

Upon arrival I discovered the item was faulty. Started the return for a replacement actions. 

Returned using the courier the company provided, and dropped off at the drop of location (shop)

Some weeks pass and I email company - it's takes numerous attempts to get someone to reply.

Eventually after a few more weeks they tell me the item is lost - in the interim I'm calling the company and being told someone will get back to me (nobody does) and email (with no responsese)

Eventually I'm told that an investigation into the missing item has started with the courier and I will be sent my replacement as theyve identified the courier has lost the item. 

Item arrives and it's fine   

Couple of weeks later I get an email saying the item is on its way. I reply and ask if this is correct and no reply. 

Eventually a second item arrives. 

I call them 7/8 times and am told someone will call me to deal with this.

I advise that lack of communication from them is part of the of the original issue and  assured that I'll be called to arrange returning.

A few weeks go past and in all honesty I forgot it was still in a box under the stairs, wnet to get something and saw it there so decided to take it to the post office and just send it back to the address on the box. Sent via first class parcels. 

Didn't thing anything more of it until six months later when I get an email from the company, with an invoice for the second item telling me I have 14 days to pay. 

I query this and ask if this refers to the original item if paid for and after two weeks get a reply to say it was for the replacement.

I replied and said its been returned to them.
Two more weeks go by and another  email from them asking me for a receipt for the postage on my return. In all honesty I have no idea if I have the receipt, so will have a good look but it was six months ago and I'm not holding my breath.

I'm a little annoyed with them as the whole process has been frustrating, but I also want to make sure I'm not going to be given a bad mark on my credit score as I've never been chased for bad debt before 

What is the best way forward in this?

The item was £565 (or thereabouts)


Really appreciate any help. Thank you. 

cx6

Pay the invoice I think. You have sent an unsolicited parcel to the company and not kept any records so I doubt it will ever be found.

Hydrasynth

Thanks for the reply cx5

Sorry be finicky but I haven't sent anything unsolicited, they've sent the unsolicited item (unsolicited meaning unwanted)

So your thoughts are that I have to pay the invoice, despite them clearly being a bit rubbish with items entering into their system?

I've got half a mind to invoice them for the blooming costs to me as well! Cheers 

ssparks2003

I would say neither have sent unsolicited goods. You received the goods you wanted and they have through human error sent a 2nd delivery. This is not human error. You have returned the second delivery sent in error,  the issue you have is when you received the 2nd delivery sent in error you became and involuntary bailee, so you are expected to take reasonable care until it can be reclaimed. The problem is you have allegedly posted it back but have no proof and now the company is short £560 odd

cx6

My reasoning was that they were unsolicited in the sense that they had not asked you to return them, nor provided return instructions, an RMA, or anything. Therefore they probably were not expecting them.

ssparks2003

cx6 said:

My reasoning was that they were unsolicited in the sense that they had not asked you to return them, nor provided return instructions, an RMA, or anything. Therefore they probably were not expecting them.

Your reasoning is incorrect from a legal perspective. 

CardinalWolsey

The issue that the OP has is that they sent the goods back at their risk.

They went to the post office and sent a parcel back to the company, at their own cost. This means that they have the contract with the courier. If the company is claiming the parcel is lost, the OP should be able to verify whether the parcel was delivered correctly (or not). If the parcel was delivered, the liability then passes to the company. If the parcel wasn't delivered, the OP would need to make an insurance claim against the courier (assuming that they took out the additional insurance cover for the £565 value).

If the OP had allowed the company to arrange the return, and they had provided e.g. a pre-paid label for the delivery, risk/liability would have transferred to the company at the point of handing over to the courier.

OP has three options: provide evidence of the successful delivery of the item, pay the invoice, or allow the company to take them to small claims and try to convince the judge that they did indeed return the item, not sell it on via eBay or similar, without any proof of that return.