Missing item, seeking for claim. 13 February at 8:04PM edited 14 February at 4:49AM in Consumer rights 3 replies 157 views

ldncase

I placed an order containing 5 items from a well-known retailer. One item was not sent, and I reported the issue to them right away. Then my nightmare begins! Days after, they claimed they have checked the CCTV of their warehouse, and the missing item was for sure put inside the same parcel. I was also told they double checked it with the courier, the one and the only, notorious 'Evri', which confirmed it is not their responsibility as such. So, I was told the claim has been closed. They refused to refund it and suggested me to open a case with my card issuer instead. 

I am a bit shocked when I got this kind of response! And I need to make my points here first.

*I was merely told by this retailer that they did send the item, and the courier company did deliver. But it's just their version of story.
*The parcel was left outside next to the bin. I did not sign for it, nor have I chosen a 'safe spot'.
*The most import part, the parcel looks tampered , and Evri's website has a photo of it, shown as below. I have been a frequent customer of this retailer, and I think the mail bag is not in the colour they use, and there is a very chucky brown tape on it. The whole thing looks like it has been re-packaged.


I contacted the customer service a several times, and they just refused to refund it. I also had made myself very clearly that the parcel looks tampered. I do not know how to do. I even ask them if I can just do a sworn statement, and they said no. Can someone please suggest the next step for me?

Thank you so much.

SpudGunPaul

ldncase said:

I placed an order containing 5 items from a well-known retailer. One item was not sent, and I reported the issue to them right away. Then my nightmare begins! Days after, they claimed they have checked the CCTV of their warehouse, and the missing item was for sure put inside the same parcel. I was also told they double checked it with the courier, the one and the only, notorious 'Evri', and Evri confirmed it is not their responsibility as such. So, I was told the claim has been closed. They refused to refund it and suggested me to open a case with my card issuer instead. 

I am a bit shocked when I got this kind of response! And I need to make my points here first.

*I was merely told by this retailer that they did send the item, and the courier company did deliver. But it's just their version of story.
*The parcel was left outside next to the bin. I did not sign for it, nor have I chosen a ''safe spot.
*The most import part, the parcel looks tampered , and Evri's website has a photo of it, shown as below. I have been a frequent customer of this retailer, and I think the mail bag is not in the colour they use, and there is a very chucky brown tape on it. The whole thing looks like it has been re-packaged.


I contacted the customer service a several times, and they just refused to refund it. I also had made myself very clearly that the parcel looks tampered. I do not know how to do. I even ask them if I can just do a sworn statement, and they said no. Can someone please suggest the next step for me?

Thank you so much.

Contact your card company. 

Manxman_in_exile

ldncase said:

*The parcel was left outside next to the bin. I did not sign for it, nor have I chosen a ''safe spot.

If Evri really did just "leave" the parcel next to your bin and you were not present when it was delivered, you could go back to the seller and point out to them that the goods remained their responsibility until Evri delivered them into your physical possession.  Go back to the seller and tell them that they owe you whatever the fifth item was because they didn't deliver it to you.

Quote this to them:  Consumer Rights Act 2015 (legislation.gov.uk)

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.

If the seller wants to argue with Evri about it, that's up to the seller, but it's nothing to do with you.  If the goods were not delivered into your physical possesssion, the law says that the seller is still responsible for them.

(Of course you are likely to have an argument over whether leaving them by your bin equates to delivering them into your physical possession.  I would say it does not).

ldncase

ThaManxman_in_exile said:

ldncase said:

*The parcel was left outside next to the bin. I did not sign for it, nor have I chosen a ''safe spot.

If Evri really did just "leave" the parcel next to your bin and you were not present when it was delivered, you could go back to the seller and point out to them that the goods remained their responsibility until Evri delivered them into your physical possession.  Go back to the seller and tell them that they owe you whatever the fifth item was because they didn't deliver it to you.

Quote this to them:  Consumer Rights Act 2015 (legislation.gov.uk)

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.

If the seller wants to argue with Evri about it, that's up to the seller, but it's nothing to do with you.  If the goods were not delivered into your physical possesssion, the law says that the seller is still responsible for them.

(Of course you are likely to have an argument over whether leaving them by your bin equates to delivering them into your physical possession.  I would say it does not).

Thank you so much. This is sooo helpful!!!