Delivery left in the snow.. return issue

JR27721988

Hi all. 

So I had 3 extra large suitcases ‘delivered’ by Evri yesterday, they were flung over my garden fence and left in the rain, then snow for around 12 hours while I was at work. 

They were completely saturated, and although will dry out I go on holiday tomorrow, and they could still end up smelling etc. Plus I paid £55 each and don’t expect them to just be left out wet! 

I have contacted Matalan, the retailer I bought them from who offered me £5 compensation and advised me to return the cases to a store. Which I declined as I do not have a car, don’t want to take wet suitcases on a bus, don’t feel like I should have to pay for a taxi. 

I emailed them again and they gave me a free return code- so kind of them!- but I have to take them to an Evri drop off point to send, no home collection was offered despite me asking. 

I do feel like I’m digging me heels in a little here but I have the same issue getting them to a drop off point as I would to a store- they are large, there’s 3 of them, and they are wet! 

Plus Matalan included this claus ‘We're unable to accept responsibility for items that are lost or damaged in the post. You must ensure that your items are securely packaged and we advise that you obtain proof of posting.’ 

I can’t package them back up as the boxes were ruined, rubbish bags wouldn’t fit. 

Any advice, clever terminology I can use to fight this would be great please! 

cymruchris

JR27721988 said:

Hi all. 

So I had 3 extra large suitcases ‘delivered’ by Evri yesterday, they were flung over my garden fence and left in the rain, then snow for around 12 hours while I was at work. 

They were completely saturated, and although will dry out I go on holiday tomorrow, and they could still end up smelling etc. Plus I paid £55 each and don’t expect them to just be left out wet! 

I have contacted Matalan, the retailer I bought them from who offered me £5 compensation and advised me to return the cases to a store. Which I declined as I do not have a car, don’t want to take wet suitcases on a bus, don’t feel like I should have to pay for a taxi. 

I emailed them again and they gave me a free return code- so kind of them!- but I have to take them to an Evri drop off point to send, no home collection was offered despite me asking. 

I do feel like I’m digging me heels in a little here but I have the same issue getting them to a drop off point as I would to a store- they are large, there’s 3 of them, and they are wet! 

Plus Matalan included this claus ‘We're unable to accept responsibility for items that are lost or damaged in the post. You must ensure that your items are securely packaged and we advise that you obtain proof of posting.’ 

I can’t package them back up as the boxes were ruined, rubbish bags wouldn’t fit. 

Any advice, clever terminology I can use to fight this would be great please! 

To be fair if you're going on holiday tomorrow and they were delivered yesterday - it was a bit last minute should anything have gone wrong - and as it happens it has. What if they'd got stuck at a distribution centre? Or the van had broken down? You weren't at home anyway when they were delivered - so they could have taken them back - then you'd be without suitcases full stop...

They've given you a free return label and £5 towards your busfare/fuel/neighbour helping out to get them to the local drop off point - that seems fair.

An hour or two in front of a radiator to be honest they'll be fine though. You're still going on holidays and need suitcases. Suitcases get wet when you travel - they can sit on airport tarmac for a while waiting to be loaded. Aside from a few squelchy outer boxes - the cases aren't damaged - just wet.

How do you plan to go on holidays tomorrow without suitcases?

born_again

JR27721988 said:

Hi all. 

So I had 3 extra large suitcases ‘delivered’ by Evri yesterday, they were flung over my garden fence and left in the rain, then snow for around 12 hours while I was at work. 

They were completely saturated, and although will dry out I go on holiday tomorrow, and they could still end up smelling etc. Plus I paid £55 each and don’t expect them to just be left out wet! 

I have contacted Matalan, the retailer I bought them from who offered me £5 compensation and advised me to return the cases to a store. Which I declined as I do not have a car, don’t want to take wet suitcases on a bus, don’t feel like I should have to pay for a taxi. 

I emailed them again and they gave me a free return code- so kind of them!- but I have to take them to an Evri drop off point to send, no home collection was offered despite me asking. 

I do feel like I’m digging me heels in a little here but I have the same issue getting them to a drop off point as I would to a store- they are large, there’s 3 of them, and they are wet! 

Plus Matalan included this claus ‘We're unable to accept responsibility for items that are lost or damaged in the post. You must ensure that your items are securely packaged and we advise that you obtain proof of posting.’ 

I can’t package them back up as the boxes were ruined, rubbish bags wouldn’t fit. 

Any advice, clever terminology I can use to fight this would be great please! 

What do you want us to say?

No way will they send out another 3 suitcases on the same day & pick up, to replace these.

How far is closest store?
Would a taxi get you there, or could you ask a neighbour/family member to drive you. 

As in reality that is the only option to get some new cases for tomorrow.

Hoenir

JR27721988 said:

They were completely saturated, and although will dry out I go on holiday tomorrow, and they could still end up smelling etc.

What are they made of? Doesn't seem they'll be much use whilst travelling. 

MorningcoffeeIV

JR27721988 said:

Any advice, clever terminology I can use to fight this would be great please! 

Yep.  Tell them it's an open and shut case.

Thank you, I'm here all week.

the_lunatic_is_in_my_head

Looking at the info on their website about faulty goods I'd say they should collect it

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Grumpy_chap

the_lunatic_is_in_my_head said:

Looking at the info on their website about faulty goods I'd say they should collect it

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

On a practical basis in this particular case, is the OP able to make the goods available for collection by the trader, given that the OP is departing on holiday tomorrow?

robatwork

Grumpy_chap said:

the_lunatic_is_in_my_head said:

Looking at the info on their website about faulty goods I'd say they should collect it

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

On a practical basis in this particular case, is the OP able to make the goods available for collection by the trader, given that the OP is departing on holiday tomorrow?

In these particular cases?

stuhse

JR27721988 said:

Hi all. 

 Plus I paid £55 each and don’t expect t to just be left out 

You ordered large  cases and then were not in to receive the delivery....?  What did you expect the delivery driver to do..?.if he took them back to the depot presumably you would be on here complaining that you are going on holiday tomorrow and your cases have been taken back to a depot, you havent a car and why should you pay for a taxi to go to the depot ?   How long have you known you are going on holiday tomorrow?   Perhaps you could have sorted out getting cases earlier. You could have made the delivery address your work place? 

the_lunatic_is_in_my_head

Grumpy_chap said:

the_lunatic_is_in_my_head said:

Looking at the info on their website about faulty goods I'd say they should collect it

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

On a practical basis in this particular case, is the OP able to make the goods available for collection by the trader, given that the OP is departing on holiday tomorrow?

The info on Matalan's website is pretty good (they just don't seem to mention the consumer should return rejected goods) so they should be aware of their obligation to collect.

As they haven't haven't arranged such it could be suggested they haven't understood OP is exercising the right to reject so as long as OP's holiday isn't more than 28 days they could contact them when they return from holiday to formally exercise the right and then make them available for collection.

I guess if the cases were dry and all good by then you could say there's nothing wrong with them but really that argument would apply now also so OP's right to reject would depend upon whether the cases being wet has damaged them (risk of rust, mould, marking to the fabric, etc). 

Olinda99

when you ordered the cases there would have been details about their return policy and what you have to do to return things eg it might say return to store or it might say drop off at the nearest evri point