Refused Delivery - Royal Mail Claimed It was delivered

born_again

That looks like a ebay type marketplace.
So You have to wonder if they were genuine UK phones. Given "The phones had just came out" or someone selling on at a premium.

There really is nothing on their site about the returns process.
Nothing on companies house either.
Just looks like a office building, not a physical shop on google maps. Appears 129 companies listed at that address.

Okell

For the purposes of a s75 claim, I suspect the OP's card provider would argue that by both refusing delivery and merely informing the seller that they had done so, the OP has not fully complied with reg 32(3)(b), and therefore has not cancelled the contract under reg 19.

I think anybody who wants to exercise their right to cancel a contract under the CCRs should always make it 100% clear to the seller that that is what they are doing.

Just refusing delivery is asking for trouble...

km1500

how can the tracking say two different things on the same date ?

what does it say now ?  refused or delivered ?

Chippyshell

km1500 said:

how can the tracking say two different things on the same date ?

what does it say now ?  refused or delivered ?

All the tracking info is in the main post

tightauldgit

born_again said:

the_lunatic_is_in_my_head said:

Pass of risk occurs when the consumer (or someone named by them) takes physical possession.

Refusing delivery means risk remains with the trader. 

A refund is due under delivery of goods from the CRA. 

If S75 applies to the payment the card provider can't insist you follow the retailer's return process as the CRA supersedes this. 

As S75 is based on breach of contract or misrepresentation. Given Op failed to follow retailers procedure. It will be rejected, as OP has failed to follow retailer T/C.

This is where refusing delivery is fraught with problems.

I guess it depends how banks interpret the rules for S75 but I don't see how a customer could be expected to follow returns processes for an item that they technically never received.

The claim would be that the seller never fulfilled the contract to the buyer as he never received what he paid for. 

That's why the specifics of what RM are saying matter - if they are saying it was delivered then i think any S75 claim would fail.

tightauldgit

km1500 said:

how can the tracking say two different things on the same date ?

what does it say now ?  refused or delivered ?

Postie has marked it as delivered when they've got to the door, then OP refused it and they've updated it as refused presumably back at the depot. Now weirdly RM (or the supplier at least claims that) are saying that the update was an admin error. 

sheramber

https://vendiapp.com/terms/

ABOUT US 1.1. vendi is a platform operated by Elysian AI Limited (referred to in these Terms as “vendi”, "we", “us”, or “our”). We are registered in England and Wales under company number 11417959. Our registered office address is Unit 6 Queens Yard White Post Lane, Homerton, United Kingdom, E9 5EN. Our VAT registration number is 348741180

.....................

Under certain circumstances, cash payments to vendi are allowed. These will have to be made at vendi’s headquarters at 100 Black Prince Road, SE1 7SJ London under a specific pre-booked slot. 

.............

You will be eligible for a refund within 30 days of purchase, provided that you return it in the same condition you received it in. (For phones purchased in their original sealed packaging, this means the packaging must remain sealed and unopened / unactivated). You may request a refund via email or in-app chat.

DullGreyGuy

tightauldgit said:

km1500 said:

how can the tracking say two different things on the same date ?

what does it say now ?  refused or delivered ?

Postie has marked it as delivered when they've got to the door, then OP refused it and they've updated it as refused presumably back at the depot. Now weirdly RM (or the supplier at least claims that) are saying that the update was an admin error. 

They said they May updates were an error... there has been no explanation as to the delivered / refused back in January 

The question is which of the two are the banks or courts going to believe is the genuine one? Were the items actually delivered and then inadvertently later marked as refused. The OP's spotted this and decided they can use the mistake to get free phones or did the postie accidently scan the wrong item earlier in the job and the OP did genuinely refuse delivery but then the parcel was lost hence the lack of tracking back to the sender? Neither are great explanations.

born_again said:

Given "The phones had just came out" or someone selling on at a premium.

They hadnt, they had come out months before and all shops had high levels of stock, sales of the 14 were notably less than the 13 which itself was below the 12

Alderbank

sheramber said:

https://vendiapp.com/terms/

ABOUT US 1.1. vendi is a platform operated by Elysian AI Limited (referred to in these Terms as “vendi”, "we", “us”, or “our”). We are registered in England and Wales under company number 11417959. Our registered office address is Unit 6 Queens Yard White Post Lane, Homerton, United Kingdom, E9 5EN. Our VAT registration number is 348741180

.....................

Under certain circumstances, cash payments to vendi are allowed. These will have to be made at vendi’s headquarters at 100 Black Prince Road, SE1 7SJ London under a specific pre-booked slot. 

.............

You will be eligible for a refund within 30 days of purchase, provided that you return it in the same condition you received it in. (For phones purchased in their original sealed packaging, this means the packaging must remain sealed and unopened / unactivated). You may request a refund via email or in-app chat.

These terms are dated May 2023.
The order placing and refusal took place in January.
What were the terms at that time?
Did they even have any terms at that time?

the_lunatic_is_in_my_head

Okell said:

For the purposes of a s75 claim, I suspect the OP's card provider would argue that by both refusing delivery and merely informing the seller that they had done so, the OP has not fully complied with reg 32(3)(b), and therefore has not cancelled the contract under reg 19.

I think anybody who wants to exercise their right to cancel a contract under the CCRs should always make it 100% clear to the seller that that is what they are doing.

Just refusing delivery is asking for trouble...

Even without cancelling the contract risk lies with the trader until delivery, delivery of goods under the CRA entitles the consumer to treat the contract at an end if delivery doesn't occur after 1 failed attempt and again requesting a new date (I appreciate OP may not have given a new date but still could and I doubt the trader is going to deliver).

born_again said:

That looks like a ebay type marketplace.
So You have to wonder if they were genuine UK phones. Given "The phones had just came out" or someone selling on at a premium.

There really is nothing on their site about the returns process.
Nothing on companies house either.
Just looks like a office building, not a physical shop on google maps. Appears 129 companies listed at that address.

The site says the phone is sent to them for inspection and they then send it to the buyer, claiming the buyer should claim off the courier if it's damaged in transit. 

There's no indication (on the site at least) who you are buying from.

@born_again any thoughts on whether S75 applies?  


OP do you have copies of the emails sent during purchase, dispatch, etc.

Any address of anther party given? 


Regarding the terms of returns, they don't override the regs so could say anything and it wouldn't affect the position.