I purchased a case for my tablet on 13th January. When it arrived I opened the parcel to find the packaging damaged, on inspection the stand for the case was missing.
I raised a query with their customer services and they agreed to send a replacement, they did not ask to see any photos of the damaged item. I found it odd at the time that they agreed to send out a replacement before they had received the faulty one back.
The replacement arrived on the 20th Jan. The return of the faulty case was arranged by them to be collected by Parcel Force on the 23rd. I packaged the envelope and wrote the returns number on it and nothing else, no address, no return address, etc as the courier would have a label to attach.
It was to be collected from the office at work, the parcel was left on the table where all the parcels are delivered/collected from. I was away at lunch and on my return the Parcel force courier arrived but there was no parcel to collect! It transpired that the postman had picked it up, even though there was no address or postage on it, as it was next to the bag with the franked letters in.
I have spoken to my local sorting office, Parcel force & Royal mail customer services and raised a query with the Royal Mail National Returns Center. All to no avail, the parcel must be in the system somewhere.
This week Stuff-UK have said they now want paying £47.41 for the replacement as well as the faulty case or they will pursue legal action. I've tried speaking on the phone with them but we don't agree on the situation.
They say it's wholly my fault and they sent the replacement in good faith, it was in my possession so I'm responsible even though it was an unfortunate event. Although they are 'sympathetic' to my situation they still want paying. Where on earth do I stand on this? All the information I can find related to companies losing parcels being sent to customers not the other way around! Am I legally responsible?
Here's the email I got...
"I have just spoken to Annette. Whilst I am sympathetic to your predicament, we are still £47.41 out of pocket.
You have received 2 of the cases from us and returned none of them. The onus is on you to look after the product faulty or not whilst in your possession. The fact that somebody in your office allowed the goods to be given to another courier is unfortunate, but not a reason for us to be out of pocket.
As this has gone on far too long, regrettably we will be issuing legal action to recover the monies owed plus costs and interest, if you are unable to make payment."
I have until 24th March.
Any help would be greatly appreciated as its quite a conundrum! I wouldn't even know what legislation this comes under.