Missing item, merchant refuses to refund!

ldncase
ldncase Posts: 67
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edited 7 October 2023 at 1:58AM in Consumer rights
I shop quite often on a well-known merchant's website. Normally I don't have a problem in terms of shipping and stuff, apart from early this year, I fell victim to a series of parcels theft caused by Evri. But those parcels either disappeared in the thin air in Evri's depot, or being tampered and left outside of my place, this merchant just granted the refunds without asking too much.

But this time, I went to collect a parcel in their physical shop, one item from the parcel was not even sent. Called CS, days later they refused to refund it and claimed the case has been closed, as they have checked the CCTV in the warehouse and they're sure the item was sent! Instead, they advised me to file a claim with my card issuer. I asked them to re-open the case, or try to find out out if there was an item missing using the total weigh of the parcel and the 2 items I actually got. They told me it's impossible as they don't keep a record on the weight of the parcel!

In my case, what's the chance for my bank to issue me the refund? I genuinely didn't receive this item. It's not expensive, only £80 ish, but I actually buy expensive items from this merchant rather often, an order could be around £200~1500, which makes very worried about my future purchases too.

    

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,314
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    edited 7 October 2023 at 7:45AM
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 
  • born_again
    born_again Posts: 13,652
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    Re @the_lunatic_is_in_my_head

    Chargeback would be destined to fail, as they have proof of delivery & you admit you received the parcel, even if it was missing part of the order.
    Chargeback is only look @ delivery or not. 

    Not as described would not come into play as it is relating to items received. So order red jumper receive blue jumper.
    Life in the slow lane
  • ldncase
    ldncase Posts: 67
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    Re @the_lunatic_is_in_my_head

    Chargeback would be destined to fail, as they have proof of delivery & you admit you received the parcel, even if it was missing part of the order.
    Chargeback is only look @ delivery or not. 

    Not as described would not come into play as it is relating to items received. So order red jumper receive blue jumper.

    I found it odd as they can't even provide the footage, and I was sloppily told that there was investigation from their side and the decision is final!

    OK. This merchant is TK Maxx. I even got some ridiculous suggestion from them, saying that it's better to open my parcels in front of their CCTV in the store. I'm frequent shopper, I really can't open like 3-6 parcels in their store and check everything!


  • ldncase
    ldncase Posts: 67
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    edited 8 October 2023 at 12:35AM
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 


     'Risk passes when the goods come into your physical possession'.

    I found it problematic. If this order were a regular one(not collect & click in a store), the moment I signed for it, which 'physical possession' happened, and it all becomes my responsibility?  Normal people don't have CCTV inside their house, how can the customers provide there is partial order missing?

    I am angry and frustrated by the fact that they can't provide the evidence, and as a customer, I was merely given the reply that no refund whatsoever.


  • user1977
    user1977 Posts: 13,333
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    ldncase said:
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 


     'Risk passes when the goods come into your physical possession'.

    I found it problematic. If this order were a regular one(not collect & click in a store), the moment I signed for it, which 'physical possession' happened, and it all becomes my responsibility?  Normal people don't have CCTV inside their house, how can the customers provide there is partial item missing?
    It doesn't mean you accept the risk of the parcel not containing what you ordered.
  • ldncase
    ldncase Posts: 67
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    user1977 said:
    ldncase said:
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 


     'Risk passes when the goods come into your physical possession'.

    I found it problematic. If this order were a regular one(not collect & click in a store), the moment I signed for it, which 'physical possession' happened, and it all becomes my responsibility?  Normal people don't have CCTV inside their house, how can the customers provide there is partial item missing?
    It doesn't mean you accept the risk of the parcel not containing what you ordered.
    I thought so!
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,314
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    edited 7 October 2023 at 2:46PM
    ldncase said:
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 


     'Risk passes when the goods come into your physical possession'.

    I found it problematic. If this order were a regular one(not collect & click in a store), the moment I signed for it, which 'physical possession' happened, and it all becomes my responsibility?  Normal people don't have CCTV inside their house, how can the customers provide there is partial item missing?

    I am angry and frustrated by the fact that they can't provide the evidence, and as a customer, I was merely given the reply that no refund whatsoever.


    Yes but not way you're reading it :) 

    If something goes wrong before delivery to you the retailer is responsible, such things are decided on the balance of probability, i.e which is more likely than the other plus big retailer's rarely want to go to the expense of small claims for relatively small sums where there is doubt they'll win. 

    I think if you use C&C then it's still their responsibility until you get the parcel but there is a clause about risk passing when goods come into possession of another person named by the consumer but looking at the key definitions in the act I don't think a C&C point would be classed as a "person". 
  • born_again
    born_again Posts: 13,652
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    ldncase said:
    Re @the_lunatic_is_in_my_head

    Chargeback would be destined to fail, as they have proof of delivery & you admit you received the parcel, even if it was missing part of the order.
    Chargeback is only look @ delivery or not. 

    Not as described would not come into play as it is relating to items received. So order red jumper receive blue jumper.

    I found it odd as they can't even provide the footage, and I was sloppily told that there was investigation from their side and the decision is final!

    OK. This merchant is TK Maxx. I even got some ridiculous suggestion from them, saying that it's better to open my parcels in front of their CCTV in the store. I'm frequent shopper, I really can't open like 3-6 parcels in their store and check everything!


    While I get what you are saying. It would have sorted the issue straight away, as the proof is there in the presence of their staff.
    Life in the slow lane
  • ldncase
    ldncase Posts: 67
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    ldncase said:
    Hello OP

    Risk passes when the goods come into your physical possession, so if they become lost, damaged or stolen with the delivery company then the retailer is responsible. 

    I believe a card chargeback for non-receipt would fail if proof of delivery were provided by the retailer.

    @born_again might have some info on whether there is any avenue for not as described chargebacks if some or all the goods are missing from the parcel. 

    If not then you'd have to look at a letter before action (templates on Google) followed by small claims. :) 


     'Risk passes when the goods come into your physical possession'.

    I found it problematic. If this order were a regular one(not collect & click in a store), the moment I signed for it, which 'physical possession' happened, and it all becomes my responsibility?  Normal people don't have CCTV inside their house, how can the customers provide there is partial item missing?

    I am angry and frustrated by the fact that they can't provide the evidence, and as a customer, I was merely given the reply that no refund whatsoever.


    Yes but not way you're reading it :) 

    If something goes wrong before delivery to you the retailer is responsible, such things are decided on the balance of probability, i.e which is more likely than the other plus big retailer's rarely want to go to the expense of small claims for relatively small sums where there is doubt they'll win. 

    I think if you use C&C then it's still their responsibility until you get the parcel but there is a clause about risk passing when goods come into possession of another person named by the consumer but looking at the key definitions in the act I don't think a C&C point would be classed as a "person". 
    Good news. I wrote a very lengthy email and asked them to look into the issue again . Then they have granted the refund.
  • ldncase
    ldncase Posts: 67
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    ldncase said:
    Re @the_lunatic_is_in_my_head

    Chargeback would be destined to fail, as they have proof of delivery & you admit you received the parcel, even if it was missing part of the order.
    Chargeback is only look @ delivery or not. 

    Not as described would not come into play as it is relating to items received. So order red jumper receive blue jumper.

    I found it odd as they can't even provide the footage, and I was sloppily told that there was investigation from their side and the decision is final!

    OK. This merchant is TK Maxx. I even got some ridiculous suggestion from them, saying that it's better to open my parcels in front of their CCTV in the store. I'm frequent shopper, I really can't open like 3-6 parcels in their store and check everything!


    While I get what you are saying. It would have sorted the issue straight away, as the proof is there in the presence of their staff.
    ldncase said:
    Re @the_lunatic_is_in_my_head

    Chargeback would be destined to fail, as they have proof of delivery & you admit you received the parcel, even if it was missing part of the order.
    Chargeback is only look @ delivery or not. 

    Not as described would not come into play as it is relating to items received. So order red jumper receive blue jumper.

    I found it odd as they can't even provide the footage, and I was sloppily told that there was investigation from their side and the decision is final!

    OK. This merchant is TK Maxx. I even got some ridiculous suggestion from them, saying that it's better to open my parcels in front of their CCTV in the store. I'm frequent shopper, I really can't open like 3-6 parcels in their store and check everything!


    While I get what you are saying. It would have sorted the issue straight away, as the proof is there in the presence of their staff.
    Yes. But as I mentioned, I'm a very frequent shopper and the staff at a local store has known me for years. I think in the future, I'd just ask the member of staff  help me open and check everything at the same time.
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