SMI Store – missing items in delivery and store refusing refund

SMIstoredispute

Hi all, looking for some advice on next steps relating to a dispute with a retailer over missing items in a delivery.

I ordered two jackets from SMI Store (UK) (address: 22 Thistle St, Edinburgh EH2 1EN). The retailer confirmed in writing that the order order was dispatched as two parcels packaged separately and taped together, with one tracking number. They confirmed the two parcels were not contained in a single package, and despite this they used a single label and tracking number for two individually wrapped parcels. You can see

I received and signed for only one parcel., so there is proof of delivery of a single parcel to my address.

The retailer acknowledged this could happen and raised a Royal Mail missing parcel investigation, which has since failed to locate the second parcel. Despite this, they are refusing to refund the missing item unless Royal Mail completes their claim process.

They have also:

• refused to refund delivery costs (I paid £15 for next day delivery and the order was 2 days late) despite claiming they have raised a request for refund from royal mail for this cost
• said I can’t return the jacket I did receive because the returns window has passed — even though I contacted them within the window and held off returning it while following their investigation process

I paid with Klarna.

From my understanding:

• retailer must prove both items were delivered
• goods remain at retailer’s risk until received

I would appreciate any advice on how I should proceed, I have issued a formal Letter before Action and I am waiting to hear from them.

Many thanks!

Okell

See s29(1) and (2) Consumer Rights Act 2015

Unless they have evidence that everything you bought was delivered into your physical possession, you would seem to have a strong case.

If they stupidly sent two parcels with one tracking number (and they have admitted this?) I would suggest it's their problem.

[Edit: I assume that when you received and signed for one parcel you did not know there should have been two parcels? You haven't made that clear]

Woodstok2000

When you contacted them, did you explicitly reject the first jacket, or were you only asking about the missing one?

Do you need both jackets (I.e. are they a set, or matching) or could you keep the jacket that has arrived?

SMIstoredispute

The retailer has admitted two individually wrapped parcels were sent, I have this in writing:

I asked:

“Can I just confirm - you're saying the jackets were sent in two individually wrapped packages that were taped to each other, and the postage label was attached to one of these packages…?”

To which the retailer replied:

“Yes the parcels were individually packaged and wrapped together.”

They also confirmed in writing:

"It is clearly obvious there was two parcels sent as you can see residue from the previous parcel tape which had been removed" (In response to photographs I sent them)

"the items were sent as 2x parcels together via the one tracking number."

"the two parcels were strongly taped together" (this is not true, i have photographic evidence that just two strips of parcel tape were used to tape the two individual packaged to each other)

I have provided evidence of all of this to Klarna - I shared the entire email thread - but they were unable to issue a chargeback. I asked why and Klarna told me the retailer said only one package was sent - therefore one tracking number, and he provided the proof of delivery. This contradicts the evidence I have submitted to Klarna but they were unsuccessful, so now I dont know what my options are.

When I contacted them I explicitly said I wanted to wait until the issue was resolved before returning the other jacket. I thought this would simplify things. Honestly I would have kept the jacket that did arrive - its not a set I just ordered two sizes - but this experience has been so horrendous, I am potentially going to lose £500 (jackets were £250 each), now I don't think I want to keep the jacket. The whole thing has been so stressful, and the retailer has constantly put pressure on me, implying I am lying and my claim will be unsuccessful.

more quotes from my email thread with the retailer:

“please be aware, as the parcel was delivered, the likelihood of a claim being successful is not very strong.”

(if) “what you're saying is true… it would have taken some of the original packaging off”

“you can see residue from the previous parcel tape which had been removed upon delivery” (implying it was tampered with after delivery

born_again

 The retailer confirmed in writing that the order order was dispatched as 

two parcels packaged separately and taped together, with one tracking number. 

They confirmed the two parcels 

were not contained in a single package,

 and despite this they used a single label and tracking number for two individually wrapped parcels. You can see

I received and signed for 

only one parcelso there is proof of delivery of a single parcel to my address.

So they sent a total of one package, but each item was in it's own package, effectively as ONE package, as they were taped together. So they have proof of one delivery, which is all they should have.

Sadly you are just trying to play on words & the retailer has all they need to reject your claim 🤷‍♀️

Ergates

There is nothing particularly risky or underhand in taping two objects together to form a single parcel. It's also a red herring - it's not going to help your case.

Stick to the pertinent details:

1. One of the items you ordered has not yet been delivered.
2. You paid for next-day delivery but this deadline was missed.

In both cases, they are holding off refunding you until they are refunded by Royal Mail. They should not be doing this. You paid them, their dispute with RM is nothing to do with you. Refunds should be paid without undue delay and within 14 days.

Regarding returning the 2nd jacket (the one you did get). How long have you had it?

Have you had it more than 14 days? If so, did you tell the retailer that you were cancelling the contract within 14 days of delivery? If not, and assuming there is nothing wrong with the jacket, and assuming the jackets are not a "set", then I don't see that you have any right to return the 2nd jacket.

Alderbank

The 14 day countdown doesn't begin until (a) the consumer has received the goods and (b) the trader has given him all the information about his right to cancel the contract prescribed in the CCR regs, in durable format email or print).

Have we established that SMI has done that?

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81939495#Comment_81939495

Don't know about the 2nd point, but OP has recieved one of the jackets and that's the one they're thinking of returning.

SMIstoredispute

I've attached a copy of the email thread - redacted to remove PI - so you can review the timings and the exact correspondence. I have now sent an official letter before action (not included in the attachment as this is a seperate thread. I also spoke to Royal mail today, they told me

• No claim has been submitted in relation to a missing parcel or item;

• The only claim submitted (reference 1160367) was for late delivery on the 9th of February, which was resolved the same day;

• A reimbursement of £14.25 was issued directly to the retailer in relation to this delivery issue.

This information is not consistent with what the retailer has communicated to me. The retailer indicated that they raised a claim about the missing item. they also failed to mention, or pass on the refund they received for the late delivery, even though this is a service I paid for. 

PI REDACTED - Gmail thread - missing order .tiff

savergrant

Did you sign for delivery of the consignment? If so did you mark that it was incomplete (only one of the two boxes) and with tape residue?