High value item missing/stolen from parcel - retailer refusing to refund

cozzasmith

I recently ordered a jacket from The North Face for £230 along with two other, lower value, items (booths & t-shirt) which were to be delivered in two separate parcels.  I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  Further evidence that something untoward had occurred was that the parcel which should have contained the booths and t-shirt only had the boots in it whereas the parcel which should have contained the jacket had the t-shirt in but no jacket.  I contacted The North Face straight away and raised a dispute, following this up several times via email over the next ten days.  Fortunately, I had kept the packaging and so was able to provide photos of the holes that had been re-taped in both parcels.

The North Face have emailed me today (10 days after my dispute was raised with them) to say that they were satisfied that "all items had been shipped correctly and were delivered" and that my only option now was to consider a chargeback claim via my debit card provider.

Is anyone able to offer any help/advice as to where I go from here?  £230 is a huge amount of money to be out of pocket for.  If the chargeback route is the only option I am happy to go down that route but I wanted to check first what my rights as a consumer are in this instance and whether I'm better going to the Ombudsman or using Resolver rather than making a chargeback claim?

Any help, advice etc would be greatly appreciated.  Thank you in advance.

MyRealNameToo

Chargeback will fail if the merchant can show the tracking showing it as delivered unfortunately. 

There is no retail ombudsman so no option there. 

A_Geordie

If you have exhausted all options, legal proceedings may be the only route to re-claiming your money.

Your consumer rights are that the goods remain at the retailers risk until the goods (not the parcel) physically comes into your possession. There will likely be a reasonable presumption that the contents of the parcel will contain the goods but you have evidence of potential tampering and that is enough to rebut the presumption and pass the burden back onto the retailer to show the goods physically came into your possession. 

It won't help the retailer saying they are satisfied the goods were in that parcel at the time of delivery because it was sealed, plus I would be very surprised that they have already raised an investigation with DPD and received a response in such a short time. I think they have probably just checked the goods were delivered and assumed you received it.

It'll cost you £35 to issue the claim and then if a hearing is ordered, you would need to pay another £27. If successful you get your fees back along with limited costs for attendance and travel or accommodation and time off work. 

Given the amount in question, there is a good chance North Face will fold and refund you when they become aware of proceedings because it will then be handled by their legal team and not customer service people. It will cost them far more in money and resources to defend it but some companies do so out of principle if they think they are right so there's a chance it could go all the way. 

born_again

cozzasmith said:

I recently ordered a jacket from The North Face for £230 along with two other, lower value, items (booths & t-shirt) which were to be delivered in two separate parcels.  I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  Further evidence that something untoward had occurred was that the parcel which should have contained the booths and t-shirt only had the boots in it whereas the parcel which should have contained the jacket had the t-shirt in but no jacket.  I contacted The North Face straight away and raised a dispute, following this up several times via email over the next ten days.  Fortunately, I had kept the packaging and so was able to provide photos of the holes that had been re-taped in both parcels.

The North Face have emailed me today (10 days after my dispute was raised with them) to say that they were satisfied that "all items had been shipped correctly and were delivered" and that my only option now was to consider a chargeback claim via my debit card provider.

Is anyone able to offer any help/advice as to where I go from here?  £230 is a huge amount of money to be out of pocket for.  If the chargeback route is the only option I am happy to go down that route but I wanted to check first what my rights as a consumer are in this instance and whether I'm better going to the Ombudsman or using Resolver rather than making a chargeback claim?

Any help, advice etc would be greatly appreciated.  Thank you in advance.

Resolver is a 3rd party that do nothing but forward your complaint to the company. They do not get involved at all.
Chargeback as above, all it requires if proof of delivery. Not what is in the package or where it is delivered to. There is also the issue if they did not reject the chargeback, they can go legal too claim the funds. 

Have you tried reporting to police? At least that makes the retailer aware when you give them the CRN that you are serious & not just a chancer (no offence)

Grumpy_chap

cozzasmith said:

I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  

If it was so evident that the parcels had been tampered with, why didn't you insist on opening the parcels at the DPD depot in the presence of their staff?

SiliconChip

Grumpy_chap said:

cozzasmith said:

I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  

If it was so evident that the parcels had been tampered with, why didn't you insist on opening the parcels at the DPD depot in the presence of their staff?

I think you've misinterpreted what the OP has written. A DPD collection shop is just a local shop that allows parcels delivered by DPD to be left there for collection by the recipent, they are not owned by DPD and do not have any of their staff there. The only mention of DPD depot is that their tape was used, suggesting that the package may have been resealed at a depot before delivery.

MeteredOut

SiliconChip said:

Grumpy_chap said:

cozzasmith said:

I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  

If it was so evident that the parcels had been tampered with, why didn't you insist on opening the parcels at the DPD depot in the presence of their staff?

I think you've misinterpreted what the OP has written. A DPD collection shop is just a local shop that allows parcels delivered by DPD to be left there for collection by the recipent, they are not owned by DPD and do not have any of their staff there. The only mention of DPD depot is that their tape was used, suggesting that the package may have been resealed at a depot before delivery.

Or someone is making it want to look that way.

savergrant

"Grumpy_chap said:

cozzasmith said:

I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  

If it was so evident that the parcels had been tampered with, why didn't you insist on opening the parcels at the DPD depot in the presence of their staff?

Op says they became aware of the tape when opening them at home, not before taking them out of the shop;
"When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape."

However perhaps OP would have been better advised not to open the parcels but instead to immediately contact the retailer?

Aylesbury_Duck

I think the best advice given is to report it to the police, get a crime number to show you're serious and with that, send the retailer a letter before action.  As someone else said, they're unlikely to want it taken to court.

Ergates

A_Geordie said:

If you have exhausted all options, legal proceedings may be the only route to re-claiming your money.

Your consumer rights are that the goods remain at the retailers risk until the goods (not the parcel) physically comes into your possession. There will likely be a reasonable presumption that the contents of the parcel will contain the goods but you have evidence of potential tampering and that is enough to rebut the presumption and pass the burden back onto the retailer to show the goods physically came into your possession. 

It won't help the retailer saying they are satisfied the goods were in that parcel at the time of delivery because it was sealed, plus I would be very surprised that they have already raised an investigation with DPD and received a response in such a short time. I think they have probably just checked the goods were delivered and assumed you received it.

It'll cost you £35 to issue the claim and then if a hearing is ordered, you would need to pay another £27. If successful you get your fees back along with limited costs for attendance and travel or accommodation and time off work. 

Given the amount in question, there is a good chance North Face will fold and refund you when they become aware of proceedings because it will then be handled by their legal team and not customer service people. It will cost them far more in money and resources to defend it but some companies do so out of principle if they think they are right so there's a chance it could go all the way. 

To add to the above:   There are templates for a "Letter before action" (a nice formal letter threatening legal action) available on various websites (for free), along with advice on how to fill in the templates.

Sometimes companies will fold upon receipt of such a letter, sometimes you'll actually have to start proceedings.  Worth a try for the cost of a stamp.

Okell

A_Geordie said:

... Your consumer rights are that the goods remain at the retailers risk until the goods (not the parcel) physically comes into your possession. There will likely be a reasonable presumption that the contents of the parcel will contain the goods but you have evidence of potential tampering and that is enough to rebut the presumption and pass the burden back onto the retailer to show the goods physically came into your possession. 

It won't help the retailer saying they are satisfied the goods were in that parcel at the time of delivery because it was sealed, plus I would be very surprised that they have already raised an investigation with DPD and received a response in such a short time. I think they have probably just checked the goods were delivered and assumed you received it...

SiliconChip said:

Grumpy_chap said:

cozzasmith said:

I collected both from the local DPD collection shop on the same day.  When I opened them at home, it was clear that both parcels had been damaged/tampered with in transit as both were re-taped with DPD depot tape.  

If it was so evident that the parcels had been tampered with, why didn't you insist on opening the parcels at the DPD depot in the presence of their staff?

I think you've misinterpreted what the OP has written. A DPD collection shop is just a local shop that allows parcels delivered by DPD to be left there for collection by the recipent, ...

@A_Geordie -  is the fact that the OP appears to have nominated a third party to take delivery relevant in determining when or if risk has transferred?