Evri Failed to Return to JL - How do I get refund?

ML_123

Hello Forumites

On the 18th January I returned a John Lewis parcel to an Evri Parcel Shop on behalf of my wife as she has disabilities that make her housebound. I used the free return service from JL online.

That day Evri left a message against the tracking number online to say they received it at the Parcel Shop and that it would be delivered to John Lewis.

Now mid-Feb the info online does not go any further than that.

The Evri chatbot has said they would investigate. They haven't.

I have also emailed Evri including the tracking order and proof of return slip. No reply.

John Lewis deny they have ever received the parcel and refuse to give a refund.

A JL customer service person said because we took up the free returns option instead of returning to store then we're liable. Apparently the 'contract' was between us and Evri therefore there's nothing they can currently do. The case has been referred to their 'Profit Protection Dept' to be investigated.

We can't find anything in Evri's or JL's T&Cs about contracts when it comes to free returns.

It would be hugely helpful to know what our rights are regarding my wife's refund.

Thank you in advance for any advice offered folks

Manxman_in_exile

Was this a distance purchase and, if so, did you* tell them within 14 days of receipt of the parcel that you were exercising your right to cancel the order as provided under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk), and di you return the parcel within 14 days of telling them you were cancelling?

If you did, then under reg 34(5)(b) you are entitled to be refunded no later than 14 days after you provide JL with evidence of having sent the goods back to them.  If JL have decided to use an unreliable courier to handle returns, that's JL's problem.

If you were simply using JL's own returns policy rather than your stautory right to cancel, that might be a bit more complicated.  But I would say - again - that if you returned the goods using JL's own free returns policy using JL's choseen courier, it's their problem if it goes missing.

[Edit:  When returning a distance sale always make it clear you are cancelling under the regs linked to above unless the store's own returns policy gives you a better deal]


*When I say "you" I mean your wife and/or you

Manxman_in_exile

Also, some people have found the following address useful when dealing with recalcitrant JL advisors:

"Escalated Complaints Process

If you've contacted us and you feel that we haven't resolved your complaint satisfactorily, please email or write to our Head of Customer Service Team:

Email: Head_of_Customer_Service@johnlewis.co.uk

Write: Customer Relations Department, John Lewis & Partners, PO Box 3586, Glasgow G73 9DW"

ML_123

Thanks for your responses  

Yes they were distance purchases, my wife bought online but the returns were standard online return process sent back within JL's 30-day return period - although it never actually got returned.

Noted re:cancellation rights. Thanks also for sharing the address  

Alderbank

Thanks for telling us they were distance purchases.

• What was your wife's reason for returning them? Change of mind, not as described, etc.

• Did you tell them within 14 days of receipt of the parcel that you were exercising your right to cancel the order as provided under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk),

• Did you return the parcel within 14 days of telling them you were cancelling?

Your answers do matter

ML_123

Thanks for responding, the garments weren't the right sizes. 

As per previous respondent, we only returned with standard returns process using JL online. Appreciate the share  

screech_78

The OP must have been returning under JL’s own returns policy as if they didn’t, they would be responsible for returns postage. 

I’m sure the legal position is that it’s JL’s responsibility if you were using their returns label. However, actually getting a refund is a different matter. 

Can I ask, have you/your wife had issues with JL deliveries or returns in the past that’s caused you to complain? Or was this a high value item? I ask as it’s odd it’s been referred to their Profit Protection team just because they dispute the return. 

km1500

Because you used JL's own return label, the return is complete once you hand it to the carrier. Thereafter what happens to the package is between the carrier and JL - they are the ones who have the contract.

ML_123

Thanks @screech_78 the parcel was around £500 of garments.

HillStreetBlues

screech_78 said:

The OP must have been returning under JL’s own returns policy as if they didn’t, they would be responsible for returns postage. 

Not necessarily,  a retailer can offer more than the statuary legal requirements, just not less.
So JL can offer free returns in conjunction with the short term right to cancel.   

ML_123

Manxman_in_exile said:

Was this a distance purchase and, if so, did you* tell them within 14 days of receipt of the parcel that you were exercising your right to cancel the order as provided under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk), and di you return the parcel within 14 days of telling them you were cancelling?

If you did, then under reg 34(5)(b) you are entitled to be refunded no later than 14 days after you provide JL with evidence of having sent the goods back to them.  If JL have decided to use an unreliable courier to handle returns, that's JL's problem.

If you were simply using JL's own returns policy rather than your stautory right to cancel, that might be a bit more complicated.  But I would say - again - that if you returned the goods using JL's own free returns policy using JL's choseen courier, it's their problem if it goes missing.

[Edit:  When returning a distance sale always make it clear you are cancelling under the regs linked to above unless the store's own returns policy gives you a better deal]


*When I say "you" I mean your wife and/or you

Thanks again for this response. Just wondered for future ref, what the best way is to inform a retailer of a cancellation under this regulation would be...Customer services email address?