Company not refunding for returned goods

IS78

I insured the parcel for the full value so I assume UPS have enough proof of delivery to satisfy any claim, internal or legal, I could bring against them for the delivery. 

I will try the court route against the company, do I need to state any applicable laws in the letter before action or just the facts such as order number and dates?

lisyloo

Personally I would be going for the retailer and asking ups for any supporting info they can provide.
it does matter what you can show on the day (if it gets that far).
if you have “evidence” from ups then the judge will IMO probably decide the retailer has lost it. IMO, IANAL.

Ath_Wat

IS78 said:

I insured the parcel for the full value so I assume UPS have enough proof of delivery to satisfy any claim, internal or legal, I could bring against them for the delivery. 

But what matters is whether you have that proof to present to the court. 

the_lunatic_is_in_my_head

The trader should refund as per the below so if they agreed the incorrect item was sent and haven't refunded they have failed to abide by their obligations under the CRA as they should refund and then suffer the burden of dealing with issues like this.

If it went to small claims I don't see this wouldn't offer any guarantee of a win but highlighting this might assist in showing the trader's actions aren't correct. 

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

beeg0d

Would it not be possiable to name both USP and and company as co-defendants since they both blame each other, that would allow the judge to decide who "lost" the item?

lisyloo

beeg0d said:

Would it not be possiable to name both USP and and company as co-defendants since they both blame each other, that would allow the judge to decide who "lost" the item?

In the small claims court I don’t think it is.

UPS seem to have been helpful so I’d suggest getting their “evidence”.

Ath_Wat

the_lunatic_is_in_my_head said:

The trader should refund as per the below so if they agreed the incorrect item was sent and haven't refunded they have failed to abide by their obligations under the CRA as they should refund and then suffer the burden of dealing with issues like this.

If it went to small claims I don't see this wouldn't offer any guarantee of a win but highlighting this might assist in showing the trader's actions aren't correct. 

https://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

If the trader has only agreed that the customer is entitled to a refund on return of the item, the trader has not agreed that the consumer is entitled to a refund until such return has been made.