Evri lost or stolen parcel

poundsign

I returned a parcel to a store in London via Evri as required by the seller. The parcel was collected on 1/12 and Evri attempted to deliver the parcel to a store in London on 6/12. They took a photo of the shop which was open and had customers inside but said they could not deliver and would try again. Needless to say the parcel is still missing. I can’t get help from Evri and the store won’t help until Evri responds to them.. I am waiting for a refund and the company can see I sent the goods back. Evri told them 
 they would try again but have not
what are my rights?

Alderbank

You say you returned a parcel 'as required by the seller.'

Can you give us some more details of what they required please, such as who prepared the address label, who chose Evri and who actually paid for the return?

The name of the 'store in London' would be useful as well.

Okell

As above, why were you returning the parcel?

If, for example, you were exercising your legal right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract, then under para 34(5) the trader must refund you no more than14 days after either (a) receiving the goods, or (b) you providing evidence that you sent them back to the trader.

The meaning of para 34(5)(b) would seem to be that so long as you can provide proof of "sending" the goods back to the trader, then you are entitled to a refund even if the goods are not received.

poundsign

Thank you. It was Boggi Milano they provided the rerun label for me. I am returning as is my right within the required period. The company are being unhelpful and Evri are not replying to them.

savergrant

Do you have a receipt from evri for the package? This could be paper or an email.
If so this is your proof of returning the goods.
If the items were returned under your statutory rights then it falls on the retailer to refund you and then claim from evri. Evri were acting as their agent not yours.
Send the retailer a copy of your proof of despatch along with a reminder of the law. My understanding is once you have proved that you handed over the goods they should refund you in 14 days. Of course if the parcel never arrives no-one can know that the goods were in it, but the law works on the balance of probabilities which is most likely that you returned the correct items.
What is the value of the goods?

Okell

savergrant said:

... If the items were returned under your statutory rights then it falls on the retailer to refund you and then claim from evri. Evri were acting as their agent not yours.
Send the retailer a copy of your proof of despatch along with a reminder of the law. My understanding is once you have proved that you handed over the goods they should refund you in 14 days...

Assuming the OP took the necessary steps to cancel a distance contract under para 32(2) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ...

savergrant

Op hasn't said whether they are cancelling the whole order, or returning some items but keeping others (or possibly ordered several items to choose from). The language and tone used would indicate that they have returned the goods under the statutory right to reject and that the retailer has accepted this by providing a label. It does complicate things a little if they have retained part of the order, especially if it hasn't been made clear upfront which items were being returned (and now lost by evri).