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

Undervalued

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. 

Indeed. However it was your error.

Because of your error, retailer A is out of pocket by £158 having given you a refund for goods which they have not actually had back. Keeping that money would surely be dishonest?

Yes, you may have a legal claim against retailer B and you are also entitled to have back the goods (shoes?) you wrongly sent to retailer A providing you pay their costs. Once you have them back you can, presumably, send them to retailer B for a refund. 

However it is your mess to sort out. Retailer A (assuming they still have the shoes and make them available for you to collect) has done nothing wrong.

the_lunatic_is_in_my_head

Undervalued said:

Because of your error, retailer A is out of pocket by £158 having given you a refund for goods which they have not actually had back. 

They are actually out by around £132 as £26.33 was VAT. They also had a mark up, outward posting, etc that they would have lost anyway as the order was being cancelled, actual loss is potentially a lot less.



OP both retailers should have let you know and made the goods available for collection (or they could have just posted them back to you for a small fee). 

Yes it's down to you to collect but if one set of goods have been destroyed it's a bit late for that and retailer B is on the hook for £158 if retailer A takes back their refund.

Retailer A needs to allow you to collect retail B's goods, by the time this happens you may be outside of the return window for both/either CCRs and retailer's B store policy so might have to keep that order after all.  

SwedishRose

Yes I wanted to ensure I knew where I stood in relation to the Torts Act and the duty of care for goods that have been sent in error in case Ret A came back to me about the refund at a later date.

No I'm not chancing a second refund, or being dishonest, it's the opposite. I informed Ret A about the situation, and they are being generous with the refund at the present time. 

The other thread is someone else, this is my first thread. Thanks for sharing though, as have appreciated reading through it and can see why you thought it was me, it's almost identical!

Thank you @the_lunatic_is_in_my_head, you're on my wavelength. I'm not trying to avoid blame. 

I feel I have resolved this as best I can in between the two retailers and these messages. I have taken the hit with Ret B, since Ret A has given a refund, I'm not going to push to find out where those shoes are in order for Ret B to refund me. 

powerful_Rogue

SwedishRose said:

Yes I wanted to ensure I knew where I stood in relation to the Torts Act and the duty of care for goods that have been sent in error in case Ret A came back to me about the refund at a later date.

No I'm not chancing a second refund, or being dishonest, it's the opposite. I informed Ret A about the situation, and they are being generous with the refund at the present time. 

The other thread is someone else, this is my first thread. Thanks for sharing though, as have appreciated reading through it and can see why you thought it was me, it's almost identical!

Thank you @the_lunatic_is_in_my_head, you're on my wavelength. I'm not trying to avoid blame. 

I feel I have resolved this as best I can in between the two retailers and these messages. I have taken the hit with Ret B, since Ret A has given a refund, I'm not going to push to find out where those shoes are in order for Ret B to refund me. 

Already asked, but was this your thread as well? https://forums.moneysavingexpert.com/discussion/6623567/retailer-disposed-of-misdelivered-goods-what-are-my-rights/p1

If not, lots of answers there the same as pretty identical.

h2oh2o

Hi

I’m the OP of the other thread - how funny I wonder if any of our retailers are the same. Thought I’d jump on this thread rather than revive mine. In my case each order was several hundred £s. 

Both retailer A and retailer B seem to have destroyed eachothers goods - retailer B has said this explicitly whilst retailer A said they can’t find them and they’ll let me know if they do (and I should stop chasing them for updates!). 

Retailer A also refunded me. Retailer B won’t until they get their goods back. 

Because both orders were of a similar value, I sort of see Retailer As refund as compensation for the Retailer B goods they haven’t returned to me. 

I’ve been pursuing retailer B for sometime now but making little progress. I’d be grateful for any advice on next steps - as it’s several hundreds of £s I can’t let it go unfortunately. If retailer B compensates me for the goods they destroyed I would be fully compensated. 

I’ve also filed a s75 with my credit card to keep the pressure on. Though this would be a slightly different argument that I followed the returns process using their nominated currier and it is for them to take up with Royal Mail rather than me. 

Any advice appreciated. 

mta999

As I understand it the position is fairly straightforward - you need to contact each retailer and tell them you accidentally sent some goods to them and that you wish to come and pick them up - when can they make them available to you? They are of course under no obligation to post them back - you have to collect them

If they are unable to make them available to you then you ask them to pay you the value of the goods and if they refuse you go down the small claims route 

As said in this thread they are under a legal duty to look after them.

born_again

If people said who the retailers were rather than A & B it might help clear up if this thread is just a copy of the 1st.

Part of the problem, could be that many retailers use fulfilment centers. Who could be dealing with more than one retailer. So products that a wrongly sent are just side-lined & binned after a certain timeframe.