Stuff.uk-Net: Being charged for replacement item & threatened with legal action

[Pilau]

Hello,

 

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.

 

Thanks

Pilau

[silverfox1961]

What an awful tangle (and welcome to CAG BTW)

 

As I see it, you had the responsibility of looking after the parcel until collected by PF and certainly not left it by the outgoing mail. There is the twist to this in that it was the seller who arranged collection. Parcel Force are a separate entity to the post office and the seller was the customer of PF, not you. Any checks at the sorting office should be instigated by the seller (the customer)

 

What to do? I suspect that due to the parcel being in your care until picked up by PF, that you are now responsible for the cost however, the seller should be doing as much as possible to mitigate their loss by chasing PF and Royal Mail to get to the bottom of where the package is.

 

These are my thoughts only and I'm sure others will offer different opinions so hang in there for now.

[Pilau]

Thanks very much Silverfox. I was pretty much coming to the same conclusion but always good to have another opinion before settling with them. Again thanks very much.

[ericsbrother]

your local sorting office would be a start if the postie picked it up. They then send things to a larger place where all of the lost post goes and then they are disposed of so with the time that has passed it if probably inlandfill by now.

[renegadeimp]

They usually keep lost post for months, sometimes longer. It wont be in landfill yet.