Return Items sent to wrong retailer, retailer has destroyed items without notice

SwedishRose

Hi There,

I recently returned items to two retailers but when I hadn't received the refunds I made enquiries. It turned out I had scanned the wrong QR code for the wrong parcel and the items went to the wrong place. The one retailer told me that the items had been destroyed. 

I've been researching this issue and it seems that going by the Torts Act 1977, they should have contacted me first before destroying the goods as they were my property. The items would have become what is known as an " involuntary bailee" in relation to those goods. That the retailer have a duty to take care of the goods and to make them available for return to you under the Torts Act. There is authority providing for them to make reasonable charge in respect of any legitimate costs they incur in respect of these obligations but such charges should not be based on profit but rather any actual costs they can demonstrate they have incurred. I would have happily paid for a courier to collect the items and have them sent to the correct retailer but this was not given as an option. 

Has any one dealt with an issue like this and can give advice on how they went about it? 

 

Aylesbury_Duck

There was a similar thread on here recently, have a search for it.

What's the value of the destroyed items?  If you think it worth pursuing, write to them setting out your rights as you have researched them.  A letter before small claims action would be the ultimate route.  They may simply fold at that point, or they may hold out and see if you proceed.

born_again

There was another thread on exactly this issue not so long ago. 
Can't seem to find it though..

SwedishRose

Thankfully the other retailer refunded me the cost which was £158, had they not I would have been really short. 

I'll have a look for the thread too, thanks. 

Okell

SwedishRose said:

Thankfully the other retailer refunded me the cost which was £158, had they not I would have been really short. 

I'll have a look for the thread too, thanks. 

Sorry. 

Are you saying that retailer A  (whose goods were destroyed by retailer B because you wrongly returned A's goods to B ) has refunded you anyway?

Does retailer A know that their goods have been destroyed and that you won't be returning them?

SwedishRose

Yes that's right, Retailer A clothes went to Retailer B, and vice versa. Ret B destroyed the clothes without any notice. Ret A took it on good faith it seems that my proof of postage was enough to show that I had sent them back. However I only understood after they had refunded me for the items that those clothes had been destroyed.

I am getting in touch with Ret A to ask about the shoes. 

So frustrating, such a simple error. 

Exodi

SwedishRose said:

Yes that's right, Retailer A clothes went to Retailer B, and vice versa. Ret B destroyed the clothes without any notice. Ret A took it on good faith it seems that my proof of postage was enough to show that I had sent them back. However I only understood after they had refunded me for the items that those clothes had been destroyed.

I am getting in touch with Ret A to ask about the shoes. 

So frustrating, such a simple error. 

Sorry, just so I'm crystal clear.

You bought item 1 from retailer A, and item 2 from retailer B.

You decided to return both item 1 and item 2 and get return labels.

You accidentally return item 2 to retailer A, and item 1 to retailer B.

Retailer B then destroys item 1.

If correct, I take it item 2 is the 'shoes' you mention you're going to enquire about with Retailer A? 

Am I right in understanding you've been refunded in full for item 1 that was mistakenly destroyed, but are effectively chancing a second refund for the same goods on the principle that they shouldn't have destroyed them?

You accept you sent them to the wrong place.

Are you clear Retailer A has made the refund as a gesture of goodwill. I've had it where Amazon has refunded me straight away, but later come after me later where they've discovered they haven't received the goods.

Personally if I understand it correctly, I'd resolve item 2, and then give up trying to get a second refund on item 1 - it was your mistake to begin with and life is too short for opportunism like this (in my opinion).

Okell

@SwedishRose

Well I think you'll discover that when you fail to return A's goods they will want their £158 refund back...

What has A done with the goods that you should have returned to B?


Here is the previous similar thread   Retailer Disposed of Misdelivered Goods – What Are My Rights? — MoneySavingExpert Forum

Aylesbury_Duck

SwedishRose said:

Yes that's right, Retailer A clothes went to Retailer B, and vice versa. Ret B destroyed the clothes without any notice. Ret A took it on good faith it seems that my proof of postage was enough to show that I had sent them back. However I only understood after they had refunded me for the items that those clothes had been destroyed.

I am getting in touch with Ret A to ask about the shoes. 

So frustrating, such a simple error. 

So you haven't actually suffered a loss (yet), then.  You're back in the position you were in before you purchased goods from A.  What action are you considering, and why?

When A realises they haven't received the items you posted, they'll either write it off (in which case, you've lost nothing at all) or try and recover £158 from you.  If the latter happens, that's when you might have to do something, but at this stage, I don't see what action you need to take at all.

saajan_12

Is this also you https://forums.moneysavingexpert.com/discussion/6623567/retailer-disposed-of-misdelivered-goods-what-are-my-rights/p1? 
If so, please stick to the same thread and same account. Details and phrasing seem too similar to be different cases. 

Okell

Aylesbury_Duck said:

SwedishRose said:

Yes that's right, Retailer A clothes went to Retailer B, and vice versa. Ret B destroyed the clothes without any notice. Ret A took it on good faith it seems that my proof of postage was enough to show that I had sent them back. However I only understood after they had refunded me for the items that those clothes had been destroyed.

I am getting in touch with Ret A to ask about the shoes. 

So frustrating, such a simple error. 

So you haven't actually suffered a loss (yet), then.  You're back in the position you were in before you purchased goods from A.  What action are you considering, and why?

When A realises they haven't received the items you posted, they'll either write it off (in which case, you've lost nothing at all) or try and recover £158 from you.  If the latter happens, that's when you might have to do something, but at this stage, I don't see what action you need to take at all.

I think I'd want to be taking action.

If the OP doesn't recover B's goods from A so she can return them to B for a refund, won't she be short of the refund from B?

And of course A will want their refund back when they realise their goods have been destroyed...  (It's not clear to me if A has refunded in the full knowledge that their goods have been destroyed)

To me this is the sort of error that it would be so easy to commit that I would double and triple check I had the labels on the right packages.