Zalando refusing refund for returned item lost in transit

Jo_ytc

Need some advice on what to do when Zalando is refusing to give me a £350 refund for an item I have returned using their Evri postage label but is subsequently lost in transit. I have confirmation from Evri that it is lost and asked Zalando to claim from Evri but Zalando keeps giving me their standard response that they can't refund because the warehouse hasn't received the item! It's been over 2 months now and I am constantly chasing on the phone and email. I have also tried a section 75 claim with my credit card provider and they declined because Zalando's terms state that they can't refund if they haven't received the item! I'm at my wits end now! Any advice would be much appreciated! Thanks!

Ergates

They don't need to wait for the item to be returned before they give a refund - that is a choice they are making and it is not in line with your rights as laid out in the Consumer Rights Act.   Their contracted agent (Evri) have lost the item, this is their problem and they should be taking it up with Evri and not pushing it onto you.

Manxman_in_exile

Go back to Zalando and quote the law to them.  

Basically it's their responsibility - not yours or Evri's.  Zalando have to refund you "without undue delay" and in any event they must refund you within 14 days of you providing evidence to them that you have sent the goods back to them.

Give them the confirmation from Evri that the return has been lost by Evri.

The law is in s34(4), (5) and (6) here.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

In particular note s34(5)(b)

[Edit:  I'm assuming this is a change of mind return, that the OP has clearly told Zalando that they are cancelling the purchase, and that they did so within the 14 days cancellation period.  Although I'd probably quote that law to them anyway if it were me]

Jo_ytc

I rang up Zalando again and now they are saying Evri supposedly denied losing the parcel to them so they are not refunding me. I don't believe this is true as this is the first time I've heard of it and because Evri confirmed to me the parcel is lost. I've already sent them the email. Apart from emailing them which they will just ignore I don't know what else to do.

jon81uk

Jo_ytc said:

I rang up Zalando again and now they are saying Evri supposedly denied losing the parcel to them so they are not refunding me. I don't believe this is true as this is the first time I've heard of it and because Evri confirmed to me the parcel is lost. I've already sent them the email. Apart from emailing them which they will just ignore I don't know what else to do.

Raises the question if the parcel isn't lost and it isn't at the warehouse then where is it?

If they booked the courier and you used their label then quote consumer law as above, if you can prove it was collected or dropped off then they need to refund you.

Jo_ytc

Yep, Evri just confirmed again the parcel is unaccounted for and Zalando has to contact them to make a claim. I've just asked Zalando to do this but all they say is thru out a note in my account and another department is handling it and will get back to me. They've said the same thing every time I contact them and I'll just get an email saying they can't refund as they haven't received the item. Going round in circles and getting nowhere. They can't tell me what their complaint procedure is either so I can escalate this

Manxman_in_exile

Just to clarify - did Zalando provide* you with the Evri "postage label" you used to send the goods back?

If yes - go back and quote the law to them again.  Tell them that if they refuse to deal with this they leave you no alternative but to sue them.  (And for £350 I'd certainly sue them).

You would then need to send them what is called a Letter Before Claim (or a Letter Before Action - google both to see what they are) setting out brief details of what you are claiming for and telling them that if they don't refund you in full within 14 days you will issue a court claim against them claiming the full amount plus claim fees.  If they don't pay up you sue them.   Money Claim Online (MCOL) user guide - GOV.UK (www.gov.uk)  (I know it looks a bit daunting but apparently it isn't)

*Even if they didn't provide the label you should still get your refund anyway, but if they provided the label it's simpler.

Jo_ytc

yes i used their return label. Will it be an issue that i don't have the return receipt that you normally get when you drop off the parcel at the Evri Parcel Shop? I always take a picture of the return label with the tracking number in case i lose the postage receipt so i can track the parcel.

Thanks, i will look into the letter and court claim.

Manxman_in_exile

The law says you need to be able to supply "evidence of having sent the goods back".  If you can do that the retailer is meant to refund you within 14 days of you supplying that evidence to them.

If the return label and choice of courier was Zalando's, then any issue about the item going missing is between Zalando and the courier they chose.  It has nothing to do with you and the law does not allow Zalando to delay payment beyond 14 days after you provide evidence to them that you sent the item back.

NB  -  All this is assuming (1) this is a "change of mind return" on a distance sale, and (2) you clearly informed Zalando within the 14 day cancellation window that you were cancelling the contract.

Jo_ytc

The tracking information shows that the item i returned is in Evri's possession so that's as good as i've sent it back i guess? Zalando has a 100 day return policy so the item was bought on 11 February and i returned it on 24 March.

Zalando does not have a standalone email address which is annoying. I have to contact them via their website which i means i don't have a paper trail of when i send them the letter!

Ergates

If you have a receipt for collection of the parcel (or some equivalent) then it really doesn't matter what happens to it after that point.

Evri are Zalando's contracted agent, and you handing the parcel over to Evri is the same as you handing the parcel over to Zalando.  From that point onwards, you have effectively returned the parcel.