Faulty item returned, seller says not received. Now what?

pulliptears

In brief:

Purchased an electrical item in February 2021. Item was installed and all working perfectly well.

December 2021. Item stops working.  Spoke to original seller who told me to try a few things, I did.  Still didn't work.  

January 2022. after some pushing seller agrees to look at the item and asks for it to be returned.  Several others by now have complained that their item isn't working as expected either in a Facebook group where this is sold.
It is sent via Royal Mail, tracked and insured for its full new value.  Royal Mail show this as being delivered last weekend.   As an aside, seller uses a P.O Box for his business and that is the registered address as well.

Today.  Chased seller who denies receiving the parcel.  I'm about to go back with proof of delivery, but if he still says he didn't receive it what then?

Item was £250 new, and whilst I don't expect a full refund I do expect it to last longer than ten months so would expect either a replacement, repair or a refund taking into account the usage had from the item.

I assume Royal Mail wont entertain this at all as they show delivery, so where do I go?  I paid via one of the web shops so no credit card cover.  Presumably small claims if he doesn't play ball?  Thanks!

bris

You could try a chargeback from the webshop, S75 wouldn't be possible ( if a credit card was used) because of the third party but chargeback doesn't have that issue.

Your expectationsd are perfectly reasonable so if the chargeback fails and the seller still refuses to accept the delivery has been received then you will have an good chance in the small claims cour..

Proof of delivery is all you need, the court will accept that.

tightauldgit

First port of call will be to Royal Mail. If, as seems to happen about 8 times out of 10 with me, the delivery man has scribbled something on the sheet rather than actually gotten it signed for the proof of delivery is worthless. I don't know who signs for things at a PO BOX or how that works. But RM would need to show they actually delivered it I think, not just that there is a scribble on a piece of paper. RM would investigate I believe if there's reason to think the proof isn't legit.

If it looks like a legitimate signature and the seller still insists that it didn't arrive and RM aren't helping then I think your next step would be to report it as stolen to the police? This might get the seller nervous enough to sort you out if he is being dodgy about things. 

Once you've done those two things you see what the evidence looks like and if you think you have a case you can take it small claims court. 

born_again

Nobody signs for anything since Covid started. RM is always signed by postie. PO box will be the same just a generic signature.

>> paid via one of the web shops<< Which one & how was it funded?

Thrugelmir

I'd be nervous of any seller that trades via a PO Box.  The Royal Mail has no need to deliver the item as will be placed inside the PO Box for collection. Ask the Royal Mail for the owners full address. 

bris

Parcel force take photos. not sure about normal posties but proof of delivery will never be ignored, you try getting a refunfd from a company when they have POD, this forum is littered with them.

pulliptears

Thrugelmir said:

I'd be nervous of any seller that trades via a PO Box.  The Royal Mail has no need to deliver the item as will be placed inside the PO Box for collection. Ask the Royal Mail for the owners full address. 

I said the same, but tbh this was the other half that ordered it all and something I didn't know at the time or I'd have flagged it.  He's registered with companies house at the PO Box and is a main supplier for these particular genre of 'widgets' so I would hope he had a lot more to lose by ignoring all this.  I get the impression he's bringing this stuff in from China, whacking his logo on the box and reselling.

Just looked how he paid and it was via Squareup and First Direct Visa Debit, I don't know too much about Square but I'll speak to FD about a chargeback if the seller remains uncooperative.