Returned items lost by Royal Mail

robertsyer

Hi, 

I recently brought some items of clothing from an online retailer. 

I wasn’t happy with the items so returned them, following the retailer’s instructions using their printable label. 

I sent the parcel using Royal Mail signed for, unfortunately it’s now passed 10 working days and Rotal Mail have classed the parcel as lost. 

Royal Mail will only compensate upto £50 and the items total £950, so as you can imagine I am looking at every possible avenue to recoup the costs. 

I paid for the items through PayPal credit, could they help or do I have any consumer rights at this point? 

Any help is much appreciated. 

Thank you very much. 

Manxman_in_exile

I would have thought that if you used the seller's prepaid Royal Mail label, and RM have admitted they have lost it, then it's the seller's problem, not yours(?).

Have a read of s34 of this, especially s34(5)(b):  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Presumably you have proof of sending and proof that RM have lost it?

Ath_Wat

Manxman_in_exile said:

I would have thought that if you used the seller's prepaid Royal Mail label, and RM have admitted they have lost it, then it's the seller's problem, not yours(?).

Actually all they say is that they used a "printable label"; that of course needn't be a prepaid Royal mail one.

robertsyer

Yes, sorry should of been more clear. It was only a printed label not pre-paid, which included the address, reference, barcode etc. 

Thanks,

ThumbRemote

In which case, unless they turn up somewhere, you've lost the money due to sending items via the wrong postage method. 

robertsyer

ThumbRemote said:

In which case, unless they turn up somewhere, you've lost the money due to sending items via the wrong postage method. 

Hey, thanks for your post. What would of been the correct method of postage in this scenario? Return by Royal Mail was specified by the seller.

elsien

robertsyer said:

ThumbRemote said:

In which case, unless they turn up somewhere, you've lost the money due to sending items via the wrong postage method. 

Hey, thanks for your post. What would of been the correct method of postage in this scenario? Return by Royal Mail was specified by the seller.

Royal Mail offer various services with different levels of cover. When you post they generally ask you what you are sending and what it is worth.
You would have needed special delivery with additional cover, as the standard special delivery only covers up to £500. 

jon81uk

If you paid for the postage it was your responsibility to arrange suitible cover. If you knew the items were worth £950 you should have arrange suitible postage with the right level of cover.
Unfortuantly as you didn't you will lose £900.

the_lunatic_is_in_my_head

OP if you were cancelling your contract under the right to cancel then the regulations appear to place the risk of the goods in transit with the trader. The trader must refund as per:

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

and in order to have cancelled your contract you must

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract.

If you have not done this but are still within 14 days (ending the day after you took possession of the goods) then do so now. If you are outside this then please post the website you purchased from as there may be a significantly extended cancellation period.

If you didn't make a clear statement within the normal period and the trader has complied with the required information (and as such the cancellation period has expired) then I think unfortunately the risk lies with yourself. 

I know it's too late but just for anyone who may be reading, ideally Special Delivery for £950 but Royal Mail also offer RM Tracked 48 which is a significantly better service, for a medium parcel it's 90p more than 2nd Class or 40p more if a small parcel. £100 cover and actually tracked with less chance of going missing. 

mattyprice4004

robertsyer said:

ThumbRemote said:

In which case, unless they turn up somewhere, you've lost the money due to sending items via the wrong postage method. 

Hey, thanks for your post. What would of been the correct method of postage in this scenario? Return by Royal Mail was specified by the seller.

As mentioned above, special delivery with the add-on cover is designed for high value parcels. 

Without this I can’t see either the trader or Royal Mail refunding you. 

custardy

Signed for is basically the worst service.
It has no tracking beyond point of delivery. All it takes is a missed scan or damaged barcode for the item to disappear into the ether.
Even if you didn't want to cover the value. Royal Mail tracked is a far superior service
you will not be getting £950 from RM with Signed For