Damaged item not delivered

cricketmad2784

Hi all, looking for some advice please. 
Before Christmas I placed an order with a company for about 10 items, which were split into multiple parcels. One did not arrive, then around the 29/30 Dec I received an email to say my item had been damaged beyond repair in transit and could not be delivered. They provided me with a certificate to show this. I contacted the retailer an there has been a table tennis email trail between them and myself. I provided the order number and details of the missing item, as well as the certificate of damage. I incorrectly assumed this would lead to a replacement being sent or the item credited to my account (stated I was happy for either). I have been going round in circles - they keep asking me for an invoice for the item, which as it wasn't delivered I can't provide and is something I've pointed out to them multiple times. I've provided tracking information for the 4 parcels illustrating that 3 were successfully delivered. I received another email yesterday (14/1/24) with them again asking for an invoice. I have once again pointed out to them that I can't provide what I don't have, and asked for a resolution to be reached without me having to contact Trading Standards. I guess what I'm asking is, am I correct to state I would involve TS (to me they have not provided an item I have ordered,  therefore not fulfilling contract), what else can I do? Grateful for any help/advice.

Mark_d

Assume it was the courier, rather than the retailer, who emailed you to say the item was damaged in transit?

If you don't have an invoice for the item, are you sure you paid for it in the first place?

If you can't demonstrate how much you paid and what exactly you paid for, I'm not sure what anyone can do.

Alderbank

Trading Standards deal with maintaining legal standards and criminal prosecutions when these are breached. They do not deal directly with the public. They won't get involved in your civil claim.

You are entitled to get all the items you paid for and within a reasonable time or your money refunded. These are your legal rights. The Consumer Rights Act also says that the goods are the seller's responsibility until they pass into your physical possession (or someone you nominate). You have no contract with whoever the seller has chosen to use as courier, they don't even need to speak to you.

There are things you can do but they depend on who you bought the items from, how you paid and how much you paid for each item.
Would you like to share that information with us?

Can I assume that the invoices were not emailed to you but were printed and packed into each of the parcels with the goods?

ArbitraryRandom

Just to clarify, you can report a trader to trading standards - and they will make a note in their files. If there's repeated complaints they may investigate and warn/fine the business... 

... however they won't help you get your item or refund as an individual consumer. 

You need to complain to the company, state your rights as given above, and make it clear the solution you want.

Then, if/when that doesn't work, you send a letter before action giving them 14 days to issue your refund/send your replacement (as you prefer). 

THEN, if/when that doesn't work, you open a small claims case - providing all of the evidence you have noted here and adding the cost of filing (~£35) to your claim. 

cricketmad2784

Hi all, 
Thank you for your comments. I'm not sure if I'm allowed to name the company on here, so let's say it is an online catalogue company where I have a credit account, so no I haven't paid for the item up front. I usually only place small orders with this company and clear the full bill well before due date. Sometimes I pay the full bill up front. I've been charged for the item, bill is due on 26th Jan. I have the price and ordered items on my account. There is no dispute that I ordered them. It was the courier that emailed me regarding being unable to deliver due to damage.

The item was a set of dumbells. I'd also ordered kettlebells. They have been split into 2 parcels due to weight. Retailer is saying no record of the tracking number for the dumbells, only the kettlebells which I've received. I do have an email from the retailer though detailing both of these tracking numbers. Again I've forwarded this to them. 

ArbitraryRandom

Thanks. 

Credit accounts are slightly different because they're regulated financial agreements - which in a way is better for you as it means you have access to an ombudsman service  

I would recommend you make a formal complaint (ask for a copy of their complaints process then follow it step by step). 

If/when you reach the deadlock stage, you can escalate to the financial ombudsman: https://www.financial-ombudsman.org.uk/ who (if they find in your favour) will order the company to either wipe the charge (and any interest) from your account or refund you if you have paid by that point.  

The risk of not paying is a mark on your credit record for late payment, but they really shouldn't report it while the amount is in dispute and you can add that to your complaint if they do (you'd likely get a small amount for 'distress and inconvenience' in the region of maybe £30-60 if the FOS find they've acted inappropriately in handing your complaint/issue)

sheramber

Did the company send you an email advising dispatch of the items with tracking information on it?

cricketmad2784

Thanks, I was going to pay all the bill, except for the item in question as I don't want to pay for an item I've not had. I'd not risk the late/non payment going against my credit file. If they don't resolve, I'll ask for their complaints form.

Yes I've had an email from the retailer stating the tracking numbers

sheramber

cricketmad2784 said:

Thanks, I was going to pay all the bill, except for the item in question as I don't want to pay for an item I've not had. I'd not risk the late/non payment going against my credit file. If they don't resolve, I'll ask for their complaints form.

Yes I've had an email from the retailer stating the tracking numbers

Then that email should be the 'invoice' as it is proof of your order and that they accepted the order and dispatched it.

The fact that they cannot now trace that tracking number is their problem.