Help, haven't received parcel but shows as delivered, don't know who else to contact!

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Hi all,

A month to the day ago I made a purchase of two items from Argos via eBay and paid by Paypal using my credit card.


Now the items didn't arrive when they said they would so I contacted the seller after a few days to ask what had happened.


They advised me that the Royal Mail were showing them as delivered and gave me the tracking number to contact them myself and advised to check with my neighbours. Well I've been round them all and nobody has seen any parcel. I am only looking for one parcel because apparently they sent both orders in one.


So I contact the Royal Mail who just keep saying it was delivered.


Next I contact eBay who open a case for me and then close it down because the item shows as delivered on the RM tracking page.


Now I am told by the Royal Mail to either open a complaint because I am not happy with the service or have the seller do it for me. The seller isn't interested and has washed their hands of it.




So the item can not have been delivered to me as the house was empty on the day they say it was delivered but the Royal Mail say it was delivered to my house. Now I seem to be stuck, the seller say "It was delivered not my problem", eBay say the same, The RM also say the same. I can prove the house was empty and am out of pocket for £110.




If anybody has any advice it would be greatly appreciated.

Comments

  • bris
    bris Posts: 10,548 Forumite
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    Well you can't really prove the house was empty just because you weren't there. Playing devils advocate, there could in theory be some one there who accepted the package as far as delivery is concerned.


    You could sue the retailer for non delivery, but as RM has all the tracking it would be a gamble you would probably lose.
  • Stuffed23
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    But how can the Royal Mail say "It was delivered to your address" when it wasn't sent by a signed for service?


    Effectively it was delivered to somebody somewhere, I just have no idea who or where that is.




    Also, surely as I have clock card times for working and the kids were at school that shows the house was empty?
  • custardy
    custardy Posts: 38,365 Forumite
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    Stuffed23 wrote: »
    But how can the Royal Mail say "It was delivered to your address" when it wasn't sent by a signed for service?

    what does a signed for prove over non signed tracking? Nobody is asked for ID to sign

    Effectively it was delivered to somebody somewhere, I just have no idea who or where that is.

    Speak to Rm. file a 'denial of receipt' complaint and ask them to ask the postie/check GPS data.


    Also, surely as I have clock card times for working and the kids were at school that shows the house was empty?

    No,it 'proves' nothing.
  • Stuffed23
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    And when they come back to me and say again "it was delivered" what do I do? What I'm coming to the conclusion of is it'll just go round in a circle until I give up.....




    If it was something like the dog food I have delivered every month and the courier seems to love leaving on the doorstep instead of even knocking on the door I wouldn't mind so much, it's only £10 for that but this was £110 and from a reputable store.


    There must be something I can do to prove it didn't arrive?
  • Gavin83
    Gavin83 Posts: 8,751 Forumite
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    Stuffed23 wrote: »
    There must be something I can do to prove it didn't arrive?

    How can you prove a negative? You also have no contract with RM so can't really chase them. I'd also suggest asking them what address they posted to and what proof they have of this.

    Essentially though your contract is with the seller. I'd attempt contact again and if you don't get anywhere send a LBA.
  • custardy
    custardy Posts: 38,365 Forumite
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    Stuffed23 wrote: »
    And when they come back to me and say again "it was delivered" what do I do? What I'm coming to the conclusion of is it'll just go round in a circle until I give up.....




    If it was something like the dog food I have delivered every month and the courier seems to love leaving on the doorstep instead of even knocking on the door I wouldn't mind so much, it's only £10 for that but this was £110 and from a reputable store.


    There must be something I can do to prove it didn't arrive?

    Well I tell you what. Ignoring what I post and simply stating 'what if' wont do anything.
  • Stuffed23
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    custardy wrote: »
    Well I tell you what. Ignoring what I post and simply stating 'what if' wont do anything.



    I wasn't ignoring you but trying to find something other than "It didn't arrive" to say to the RM so they don't just say "it was delivered" again. Something like, "It can't have arrived because....."

    custardy wrote: »
    "No,it 'proves' nothing."
    Sorry, I don't see what you mean by that, what proves nothing?
  • Stuffed23
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    Gavin83 wrote: »
    How can you prove a negative? You also have no contract with RM so can't really chase them. I'd also suggest asking them what address they posted to and what proof they have of this.

    Essentially though your contract is with the seller. I'd attempt contact again and if you don't get anywhere send a LBA.


    What is an LBA?
  • steampowered
    steampowered Posts: 6,176 Forumite
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    As Royal Mail have offered you the opportunity to open a complaint, I would take them up on it. It looks like you can file a denial of receipt claim.

    If that doesn't work, your only option will be to raise a small claim against the seller. It sounds like it would be a gamble as to whether the judge takes your side or not.

    You start the small claims process by sending the seller a 'letter before action' (or LBA). The LBA should be a brief letter clearly explaining what the issue is, and should clearly state that you intend to issue a small claim against the seller if the item is not refunded within 14 days.
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