InPost lost my parcel - who do I claim against?

malone89

Hi

I ordered clothing from online retailer DLSB at the start of September. I posted some of the items back to them on 12th Sept, using an InPost locker. I received proof of returns via email and the last tracking update was 14th Sept saying the parcel had arrived at the sorting office. 

There's been no update since and money has still been going out via Klarna instalments. I contacted InPost who have now admitted that they have lost the parcel. There's no complaint or claims form (apart from on the Polish side of their website, which doesn't work with a UK tracking number) and they have failed to respond to my last email. They only confirmed via phone that the courier has lost the parcel.

DLSB say they must receive the items to process the refund. However since I have proof of postage, should I still be claiming the refund from them? 

Basically, who should pay out - the retailer or InPost? In total I'm about £140 out of pocket now.

Any help would be appreciated! Thanks

born_again

Who paid for the return?

Alderbank

OP will have paid £3 to DLSB through their returns portal to receive a code to deposit their parcel in an InPost locker.

https://dlsb.co.uk/pages/returns-and-exchanges and  https://dlsb.co.uk/pages/inpost

There is no mileage in trying to claim anything from InPost.
Their T&Cs are clear that they do not directly offer services to consumers, only B2B services to retailers etc. for the retailers to contract separately with their customers. In any case InPost limit any liability for losses in transit to a max of £20, which of course for a B2B contract they are free to do.

https://inpost.co.uk/

OP's consumer rights are entirely with DLSB.

malone89

born_again said:

Who paid for the return?

Like Alderbank said above, I paid the £3 to DLSB for the code. 

I've contacted DLSB with proof of postage and a copy of the email communications from InPost but so far haven't had a response.

Alderbank

The confirmation that InPost have lost your parcel, which is not in dispute, is of course evidence that you have returned the goods.
What date did you return via the InPost locker, and what date did the seller tell you that their courier has lost the return?

Whichever, under section 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the retailer must refund you in full (less the £3 return cost) within 14 days. Write to them (email is fine) to remind them of this. They don't have to make any other response, just refund to the original payment source.

If they still ignore you, you would have to consider pursuing them through the small claims court after sending a letter before action.
Did any single one of the lost items cost more than £100? If so you can pursue that item through an s75 claim with Klarna who are jointly responsible.

From Klarna's website:
Does section 75 protection apply for Klarna card purchases? Yes. https://www.klarna.com/uk/card/

screech_78

Alderbank said:

The confirmation that InPost have lost your parcel, which is not in dispute, is of course evidence that you have returned the goods.
What date did you return via the InPost locker, and what date did the seller tell you that their courier has lost the return?

Whichever, under section 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the retailer must refund you in full (less the £3 return cost) within 14 days. Write to them (email is fine) to remind them of this. They don't have to make any other response, just refund to the original payment source.

If they still ignore you, you would have to consider pursuing them through the small claims court after sending a letter before action.
Did any single one of the lost items cost more than £100? If so you can pursue that item through an s75 claim with Klarna who are jointly responsible.

From Klarna's website:
Does section 75 protection apply for Klarna card purchases? Yes. https://www.klarna.com/uk/card/

That’s only for purchases made with Klarna card.

It’s more likely that OP paid with Klarna - pay in 30 days or pay in 3, both of which are unregulated and so no Section 75 applicable.