Returned item is missing - help

joanie

I ordered a coat online from Bonmarche and paid using PayPal but with my credit card. 

Bonmarche return info. said I had to send it to their warehouse as a PayPal payment couldn’t be returned to their store. They supplied a link to arrange via EVRI. 

I did as they said and paid £2.99 to EVRI and placed in a locker. 

I have messages showing EVRI picked up from locker and it was on its way back to supplier and any problems contact supplier. 

Bonmarche say they haven’t got it and it’s EVRI problem as I paid them to return item.
EVRI say I need to get refund from Bonmarche and Bonmarche will claim from EVRI if definitely lost.

I’m stuck in the midddle. Any help please? 

TELLIT01

If you paid for the return, the contract is between you and EVRI.  You paid £2.99 for the service with EVRI, what value if item does that cover?

cmthephoenix

Just to double check what does the tracking for the parcel say?

If it says it is delivered and bonmarche are denying having it and refusing to go any further then try paypal using your proof of delivery.

It it says it is en route and has been that way for some time then because you paid for the delivery then I believe it is for you to make a claim with Evri. If Evri say it is lost then it will come down to what value of the item you put when sending it via Evri.

How much was the value of the order you are returning and were you given any option to specify an order value via the link bonmarche provided?

joanie

Bonmarche Website says that if I  paid by PayPal, I couldn’t return to store and had to send it to them. 

They had a link to the Evri website that I used and I paid the £2.99 return fee which I expected.
The Evri return tracking page says “ It’s on its way back, Contact retail for further information “ And their website says that this message means it’s with the supplier. Previously When I have returned goods Andthe supplier has actually received the goods, it would then further say “returned”. This Final status isn’t showing.
Bonmarche say they haven’t got it, And EVRI say I need to contact Bonmarche for refund and Bonmarche will claim from Evri if it’s lost.

I’m Stuck in the middle. This was for a coat at £40.50

Incidentally, after speaking to citizens advice, they have said that My contract is with Bonmarché, even though I has to pay EVRI for the return. I’m not 100% sure with this is correct and might give them another call tomorrow.

DeathByFluffy

I don't think CAB are correct - if you've paid Evri for the return, your contract is with them. 

cmthephoenix

I can't see that your claim is with Bonmarche as you've paid Evri for the delivery. I'm also worried your claim might be limited to £20 if only the basic delivery service has been used.

I take it you've got a tracking number from Evri. When you paid Evri did they send you any emails with any kind of contract in them?
Were you given a special link for tracking your parcel? If so try the tracking number in the normal Track link from the Evri homepage and expand the journey information as much as possible. If you can't see the tracking number on the tracking web page you've been given, the https link at the top of screen may have the tracking number in it.

savergrant

There are two possible issues, whether the parcel was delivered, and whether the coat was in it when it was delivered. What is the retailer actually saying?
Who did you pay the 'return fee' to? £2.99 doesn't sound like a normal evri price.

Weight Standard Upgrade for Next Day

Postable £2.70 +£0.59 £3.29

0-1kg £3.29 +£0.71 £4.00

1-2kg £4.79 +£0.69 £5.48

2-5kg £6.49 +£1.00 £7.49

5-10kg £6.49 +£1.00 £7.49

10-15kg £9.98 +£2.01 £11.99

robatwork

Surely the 2.99 isn't direct to Evri but to Bonmarche, to compensate them for the cost for them to organise shipping? So I'd say your contract is with Bonmarche still, but obviously depends on the exact Ts&Cs

sheramber

You certainly do pay Evri.

What you pay  depends on the arrangement that the retailer has with Evri.
 

Returns to a retailer are in a specific portal.

How much does a return cost?

Costs vary for different sellers and retailers, and some offer free returns with us. 

joanie

Bonmarche website says…

Orders placed using PayPal can not be returned to our stores. They can only be returned to the warehouse.You can return your items by visiting:  https://www.evri.com/return-a-parcel. 

And also says …

Postage costs for returns are the responsibility of the customer. In the event that we do not receive the returned goods, it is the customers responsibility to provide proof of return, therefore, we recommend that a traceable postal service is used.

So I used the link and ended up in the EVRI app which had a link to Bonmarche and my actual order (as they delivered it in the first place) and paid the fee of £2.99 to EVRI

I have now sent a letter to EVRI head office asking for proof of delivery. 

EVRI app says … “your parcel is on its way back to the retailer. Please contact them for further information” and also says regarding  “if you’ve paid postage please contact them on an email address to start an investigation. I’ve emailed 3 times with no response  

Very fed up! 

A_Geordie

At a minimum, the terms and conditions for Bonmarche are certainly confusing and somewhat ambiguous in my view, but I'm inclined to agree with @robatwork. Bonmarche's T&Cs suggest you can use any courier to return the goods, but then on their returns section they say you can use Evri and provide a direct link, which appears to be a nominated courier by them. 

The link sends you to Evri's 'return a parcel' service that seems to be distinct from the usual Evri 'send' a parcel service. The FAQs indicate that you can only use the return a parcel service "provided that the retailer or seller uses Evri for their work."

This potentially suggests that there is a contractual arrangement between Evri and Bonmarche for a returns service because they need to be set up and listed as an authorised retailer that accepts returns under this particular returns service and delivery addresses for returns to be received will need to be agreed. Otherwise, why would the consumer use this specific service and not the normal send a parcel service that's available on the Evri website if in both cases the consumer was the contracting party and not Bonmarche?

OP - what are you looking to achieve if neither Bonmarche or Evri take responsibility? Are you will to go down the legal route? Given the situation, I would be inclined to sue both Evri and Bonmarche on the basis that (a) Evri was Bonmarche's nominated courier for returns and they contracted with Evri, not yourself and (b) sue Evri under the Torts (Interference with Goods) Act 1977 on the basis you have reason to believe (via Bonmarche) that the parcel is lost in transit and they were responsible for returning the goods, so they're liable for the lost goods, unless they can show it was actually delivered and received.

I the legal route is not an option for you or something you don't fancy taking on, then I'm afraid you have limited options, other than endless chasing and hoping someone decides to do something about it by giving you a refund. You may be able to reach out to those consumer champions offered by some newspapers such as the Guardian to help you get your money back, but not guaranteed.