Company claims item missing from return - what are my rights?

sophia5892

Hello all,

In short, a company are claiming that an item was missing from a returns parcel. What are my rights?

Long version…

The week before last, my mobility scooter broke. I ordered a new motor from the manufacturer to attempt a home fix. The motor was delivered on 16/11. The fix didn’t work so I arranged with the manufacturer to send the scooter back to them for repair. 

The manufacturer arranged for the scooter to be collected by DPD on 20/11. They said that I should return the motor in the same box as the scooter and they would either deduct the cost of the motor from my scooter repair bill or, if the scooter needs a new motor, they’d fit the motor I already paid for. 

On 23/11 the company told me that my scooter had arrived but the motor was not in the box with it. My mum had packaged it up as I wasn’t home, so I said I’d need to check with her that she hadn’t forgotten to include it. My mum confirmed it was included and I provided details of the packaging to the company the same day. The company told me to speak to my mum again and look for it when I got home. I called back, insisted the motor was returned and suggested they take it up with DPD if it hadn’t been delivered. They said it was very clear the package wasn’t tampered with in transit and so no way DPD were at fault and they they “didn’t know what to tell me”. All with the heavy implication that I was lying. This conversation ended with them saying I’d need to speak to a manager and then that they would call me back. 

Today, 27/11, I received an email reiterating that the motor was not returned and that they cannot claim from DPD as DPD fulfilled their obligations by collecting and delivering the parcel. They’re now saying the scooter box isn’t big enough to have also contained the motor and I need to speak to my mum to see if she sent it separately. Finally they’ve said DPD had to re-tape the box as it wasn’t secure and it’s my responsibility to ensure the items were securely packaged. They also said they now can’t do anything until DPD complete their investigation. I’ve replied to explain yet again how the items were packaged together and were secure when they left my house. 

My mum didn’t take any photos of the package. We have the collection photo from DPD but this only shows part of the box so doesn’t prove what was in it or really show how well it was packaged. 

I paid by credit card so could consider Section 75. But not sure they’d side with me in these circumstances. 

It makes no logical sense for me to not have returned the motor. It’s entirely useless to me and, although it cost a lot, it probably has little resale value given it’s a specialist bit of kit and the mobility scooter I use is a pretty unique design. It’s not like a mobile phone where you might think I’d kept it to sell on for profit. Additionally, if it turns out my scooter does need a new motor, why wouldn’t I want them to fit the one I’ve already paid for instead of shelling out £400 for a second one?! 

However, I’m worried because I can’t prove it was in the box DPD collected. Where do I stand? 

Additionally, the company haven’t updated me on the status of my scooter repair and I’m scared they’re going to hold my scooter hostage, for lack of better phrasing, until this is resolved. I’m pretty much housebound without the scooter so really need it back. 

Thank you for any advice 

Alderbank

A useful discrepancy I notice is:
They [the company] said it was very clear the package wasn’t tampered with in transit and so no way DPD were at fault...
Finally they’ve said DPD had to re-tape the box as it wasn’t secure...

Clearly both of these can't be true.

Electric motors are very heavy for their size. My suspicion is that the package was subjected to some rough handling and at some point, perhaps while in the back of a lorry, the motor burst out of the larger carton. It was subsequently noticed that the large carton was damaged but not spotted that the motor had fallen out, so the carton was just re-taped. Even if at a later time the motor was discovered in the back of the van there would be nothing to link it to a previous delivery. 

I an sure that if this went all the way to small claims court the judge would decide on balance of probability that something like the above had happened and there was every incentive for your mum to have ensured that the motor was included in order to expedite the repair. Unfortunately the small claims court has a massive backlog so it could be some months before your case was heard.

DPD is a well managed company. MSE does regular reviews of parcel delivery companies and has rated MSE consistently the best for 7 years running (Evri comes bottom).
https://www.dpd.co.uk/content/about_dpd/press_centre/DPD-UK-tops-moneysavingexpert-poll-for-seventh-year-running.jsp#:~:text=Purpose-,DPD%20tops%20Money%20Saving%20Expert's%20customer%20satisfaction%20poll%20for%20seventh,Saving%20Expert's%20customer%20satisfaction%20survey.

I think your best hope for now is that DPD's investigation unearths the missing motor in one of their depots.

eskbanker

Alderbank said:

MSE does regular reviews of parcel delivery companies and has rated MSE consistently the best for 7 years running...

Well they would say that, wouldn't they?!

Alderbank

I must stop using TLAs. They all look the same! 

Thanks for spotting this. 

sophia5892

Alderbank said:

My suspicion is that the package was subjected to some rough handling and at some point, perhaps while in the back of a lorry, the motor burst out of the larger carton. It was subsequently noticed that the large carton was damaged but not spotted that the motor had fallen out, so the carton was just re-taped.

That’s pretty much my suspicion. Or that the box was splitting so they removed it but forgot to put it back! The motor was encased in polystyrene in a Russell Hobbs kettle box. That box wasn’t sealed but it’d easily look like another parcel. And why would a kettle and a mobility scooter be packed together…

As you say, shocked about DPD as I’ve found they’re usually great. But anyone can make mistakes. 

Thankfully the company have emailed today to say they’ll accept the loss and refund so my panic is over!