Missing items from delivery 20 January at 11:48AM in Consumer rights 10 replies 369 views

belle72

Hello.

I purchased items from Boohoo and paid via klarna with my credit card.
 My husband excepted the parcel as I was at work. The Evri delivery driver said the bag arrived to them opened. When I got home I realised 6 items were missing. I raised a case with boohoo saying its missing. They have come back to me say the below...


Hello Annabelle,
 
Thank you for your patience in letting us investigate the missing items from your order.
 
I have reviewed the footage of your order being packed and can see that all the items have been packed and the package has been securely sealed before leaving our warehouse.
 
Based on this information, we will not offer you a replacement or refund for the items. Any future claims of missing items may be investigated by our Fraud and Loss Prevention team.
 
Thanks
Jay


I am absolutely livid. I already contacted klarna who have paused the payment. I have emailed boohoo back.

Where do I stand on this issue. It totals to £107.60.

Thank you in advance.

Aylesbury_Duck

The full order remains the retailer's responsibility until it arrives safely to you.  It hasn't done so, so they (the retailer) are responsible for refunding or replacing.  Don't let them fob you off to Evri, it's their problem to resolve.

MikeJXE

It's a sad fact these types of problems are occurring more often, soon we will have to video everything from when a parcel leaves the hands on the guy or lady delivering the package thought to opening and not finding things as they should be. 

belle72

The retailer is saying that as the package left their warehouse with the full order. It's not their problem as they have footage.

sheramber

Have Evri confirmed in writing that the parcel was open when they received it?

Manxman_in_exile

belle72 said:

The retailer is saying that as the package left their warehouse with the full order. It's not their problem as they have footage.

It is their problem.  Quote s29 of the Consumer Rights Act 2015 (legislation.gov.uk) to them.

"29  Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods."

This means that the goods remain the responsibility of Boohoo until they are safely delivered into the physical possession of you (or your husband).  It doesn't matter that they left their warehouse OK - what matters is whether they reach you OK.  It's Boohoo's problem to sort it out with Evri, not yours.  Boohoo either owe you a refund or a replacement.

I'd tell them to go ahead if they want their Fraud and Loss Protection Team to carry out an investigation into what Evri have done.  In fact I'd encourage them to do so...

Obviously they are trying to scare you by suggesting that they will be investigating you.  I'd call their bluff.

Insist on a replacement or a refund.  Don't let them fob you off.

(Does your husband have evidence of the conversation between himself and the EVRI delivery man?)

HillStreetBlues

Is there a photo of parcel when it got delivered?

I had a damaged parcel from Evri , the photo the delivery person took showed the damage.
So took a screenprint and submitted (this was ebay)
Checked a little while later and Evri had taken down the photo.

screech_78

I would also check if there’s a photo of the delivery. Evri usually take a photo and it should show if the parcel was damaged or tampered with. 

We check packing photos of all of our orders and will also check delivery photos to make a decision. A customer’s previous order history may also be a factor. 

pinkshoes

belle72 said:

Hello.

I purchased items from Boohoo and paid via klarna with my credit card.
 My husband excepted the parcel as I was at work. The Evri delivery driver said the bag arrived to them opened. When I got home I realised 6 items were missing. I raised a case with boohoo saying its missing. They have come back to me say the below...


Hello Annabelle,
 
Thank you for your patience in letting us investigate the missing items from your order.
 
I have reviewed the footage of your order being packed and can see that all the items have been packed and the package has been securely sealed before leaving our warehouse.
 
Based on this information, we will not offer you a replacement or refund for the items. Any future claims of missing items may be investigated by our Fraud and Loss Prevention team.
 
Thanks
Jay


I am absolutely livid. I already contacted klarna who have paused the payment. I have emailed boohoo back.

Where do I stand on this issue. It totals to £107.60.

Thank you in advance.

For starters your husband is a muppet! If the bag arrived opened then it would have been wise to refuse the delivery as you weren't there to be able to check it was ok!

I would firstly look at the delivery photo from Evri and see if it shows the bag open. I would then contact your local Evri delivery driver and see if they are also willing to confirm that the parcel arrived to them opened.

Although it is Boohoo's responsibility until the parcel is delivered to you, in this case a parcel that was open was accepted. 

tightauldgit

pinkshoes said:

belle72 said:

Hello.

I purchased items from Boohoo and paid via klarna with my credit card.
 My husband excepted the parcel as I was at work. The Evri delivery driver said the bag arrived to them opened. When I got home I realised 6 items were missing. I raised a case with boohoo saying its missing. They have come back to me say the below...


Hello Annabelle,
 
Thank you for your patience in letting us investigate the missing items from your order.
 
I have reviewed the footage of your order being packed and can see that all the items have been packed and the package has been securely sealed before leaving our warehouse.
 
Based on this information, we will not offer you a replacement or refund for the items. Any future claims of missing items may be investigated by our Fraud and Loss Prevention team.
 
Thanks
Jay


I am absolutely livid. I already contacted klarna who have paused the payment. I have emailed boohoo back.

Where do I stand on this issue. It totals to £107.60.

Thank you in advance.

For starters your husband is a muppet! If the bag arrived opened then it would have been wise to refuse the delivery as you weren't there to be able to check it was ok!

I would firstly look at the delivery photo from Evri and see if it shows the bag open. I would then contact your local Evri delivery driver and see if they are also willing to confirm that the parcel arrived to them opened.

Although it is Boohoo's responsibility until the parcel is delivered to you, in this case a parcel that was open was accepted. 

I think technically it's Boohoo's responsibility until the GOODS are delivered to you, not just a parcel, so they're not absolved of anything simply by saying they sent the items. 

Rejecting the parcel would have solved the problem but it's not unusual for things to get damaged in transit and still be complete and I don't think it's unreasonable to take the parcel and then check the contents. Bear in mind EVRI could just have easily left it on the doorstep and legged it and it would still have been 'delivered'.

Of course if it went to court its up to the judge to decide but I imagine they'd look favourably on the case especially if EVRI provide some record of it being damaged.

apw81

belle72 said:

The retailer is saying that as the package left their warehouse with the full order. It's not their problem as they have footage.

That doesn’t matter and they more than likely know that. They’re probably banking on that you don’t. Retailer is liable up until the point the parcel is accepted. Although your husband took in the parcel, provided you didn’t wait a week or two to report the missing items, it shouldn’t be a problem. If Evri had dumped the parcel on the doorstep, BooHoo would still be liable. It is your right under the consumer law someone referenced up above; unfortunately, it’s also a right that gets abused and can make retailers difficult for everyone, automatic assumption that every claim is a scam. They possibly get handfuls of claims like this each day.

Get the remaining items bagged up ready to send back, don’t open or try anything on. Since you used a credit card via Klarna, use their protection schemes. Once BooHoo receive holds on the transaction, they’ll maybe be more reasonable. It could end up costing them double if the card provider reverses the transaction. Their ‘we have a video from the warehouse’ evidence, wouldn’t be accepted because it’s irrelevant. Does their video clearly show your order details and address label? It wouldn’t make a difference, but ask them to screencap it for you. Call their bluff in full.

Anything you can get from Evri, be it photo evidence or something in writing, would likely settle things in your favour much sooner.