Dropped off a parcel at a collection access point, now gone missing.

longjohnjohnson

Manxman_in_exile said:

Apart from probably making it more straightforward to get your money back, does it really matter whether the consumer or the retailer paid for the return, so long as the consumer can supply evidence of having sent the goods back to the retailer?  Isn't that all the consumer needs?

The OP doesn't have proof that the goods were sent back to the retailer though, let alone received. They have a bit of paper with a code/barcode on it that shows the item has not been collected.

Manxman_in_exile

visidigi said:

Manxman_in_exile said:

Apart from probably making it more straightforward to get your money back, does it really matter whether the consumer or the retailer paid for the return, so long as the consumer can supply evidence of having sent the goods back to the retailer?  Isn't that all the consumer needs?

Its not the proof that makes them liable. Its the fact the provided the service that was accepted by the shopper.

Sorry - it's late at night so I may not be fully understanding your point.

What is it about it being accepted by the consumer that is significant?

The legislation appears to say that if the consumer can provide evidence that they have sent the goods back to the trader, then the trader must refund them within 14 days of the consumer having provided that evidence to the trader.

I'm probably being slow, but why is it the fact that the trader facilitated the return more important than the consumer having evidence that they have sent it back - whoever paid for it or provided it?

Manxman_in_exile

longjohnjohnson said:

Manxman_in_exile said:

Apart from probably making it more straightforward to get your money back, does it really matter whether the consumer or the retailer paid for the return, so long as the consumer can supply evidence of having sent the goods back to the retailer?  Isn't that all the consumer needs?

The OP doesn't have proof that the goods were sent back to the retailer though, let alone received. They have a bit of paper with a code/barcode on it that shows the item has not been collected.

Does the consumer need "proof" rather than "evidence"? 

(BTW - I'm assuming this is a change of mind return on a distance sale.  The OP has not explained and nobody appears to have asked)

Doesn't a piece of paper with a code/barcode showing that the goods have been left at a collection point constitiute "evidence" that the consumer has done what is required of them to return the goods?  Presumably you would say not.  I'd suggest it could.

The legislation says nothing about the trader actually having to "receive" anything when goods are returned.  If Parliament had intended the goods to have been actually received by the trader, why wouldn't they spell that out rather than saying that mere evidence of sending them back was sufficient?

Is the point you are trying to make related to your response in the other thread about the faulty purchase for eBuyer?  eBuyer return Hell - Denied refund - Page 2 — MoneySavingExpert Forum

Ergates

Manxman_in_exile said:

Apart from probably making it more straightforward to get your money back, does it really matter whether the consumer or the retailer paid for the return, so long as the consumer can supply evidence of having sent the goods back to the retailer?  Isn't that all the consumer needs?

When the retailer arranges/pays for the returns then the courier (and the drop off place) are acting as agents for the retailer.  This means that as soon as you have handed the parcel over to them you have effectively handed it over to the retailer.   Anything that happens to it from that point onwards is no longer your problem - so if you can provide proof you've handed it over then you're covered.

If *you* arrange the courier, then they are acting as your agents and the parcel remains your responsibility until it is handed over to the retailer (by the courier).  This means that even if they refund you straight away, if the goods are then lost in transit the retailer can come after you for the money (which you then have to try to get from the courier)

Ergates

diystarter7 said:

We are going around in circles.
Who should the OP pursure? Is it  ups or the drop off point people?

IMO it should be UPS as it is part of their service - that is the pick-up point and that should be secure.

PS: Second thoughts, it should be the retailer as they took responsibility by providing a receipt.

Definitely the retailer, the parcel became their responsibility as soon as it was handed over.

galaxygirl1

@boxerlover16 did you ever get anywhere with this? I am in the same situation currently.

Mine is slightly different however (I assume). I sold a handbag to a second hand designer outlet, the handbag clinic, and my parcel went missing at the locker. Luckily there is footage of me at the locker with a parcel but despite this neither UPS nor the handbag clinic want to know. They claim that there is no proof of what was inside the parcel, which is ridiculous, why would I send anything other than that intended. I should also clarify that the parcel was sent via a pre-paid UPS label purchased by and emailed to me from the handbag clinic.

They are both essentially claiming that it's *not their problem* because as in OP's case it was never scanned as collected by the driver.
- The handbag clinic say they cannot claim it from their insurance because the parcel was never scanned into the system by UPS.
- I spoke to the manager of our local UPS depot who said that the lockers are actually managed by a company called Q-locker, not by themselves, and thus as UPS themselves apparently never laid hands on the parcel their insurance also would not cover it. Interestingly, the same manager also told me that they had been having significant technical difficulties with these lockers at the time of my parcel going missing.

I suppose the main difference in my case is that I was not returning a purchase I had made, but rather sending something I had sold to a supposedly reputable outlet.

I cannot find any information / contact information for Q-locker online. I'm at a loss as to how to pursue this with both parties claiming no responsibility. I will have to go to the ombudsman soon I feel!

Ergates

Who arranged the locker.

galaxygirl1

@Ergates, the handbag clinic sent me a prepaid UPS label. Which I printed, attached to the parcel and scanned at the locker (one of the UPS access points) in order to send it.

Ergates

And was that what they specified to do?  I mean - did you have any choice in the matter?

galaxygirl1

@Ergates, sorry, I'm not entirely clear on what you're asking. The only label I was provided with was a UPS label if this is what you mean? You can then either use a UPS drop off point (usually a shop or similar) or a locker. I do not have any drop off points open late enough for myself to use in the local area so opted to use the locker.

But yes, I was not given any choice of courier, as soon as I accepted their consignment offer they sent me the UPS label to send the bag to them.