Retailer refusing to refund Royal Mail Tracked not delivered..Help please

[BankFodder]

Why don't you start off by telling us the name of the retailer, the value of the item.

Of course Royal mail will tell you that you have to take it up the retailer – that what they aren't telling you is that you enjoy equivalent contractual rights under the Contracts (Rights of Third Parties) Act 1999.

Please will you address the two questions I asked above

[BankFodder]

I think it will be much easier to bring a claim against the retailer.

 

Please monitor this thread for a fuller reply tomorrow

[BankFodder]

A good thing you reminded me. I had forgotten.

Of course the issue here is going to be that apparently the post office to say that they have delivered. The retailer sent it tracked – but not signed for – so in principle that means that there is no evidence that has been delivered.
Are you able to tell us if it was you who selected the non-signed for option – or if that was simply what the retailer decided?
 

[BankFodder]

Evidence in this case would be a signature or a photograph.

Delivered in this case would mean delivered into your hands or into a secure place.

For instance, if the passes simply been left outside behind some bins for instance, then I think it would still be the retailers risk.

I understand that you have chosen the cheapest of the delivery options – but what hasn't been made clear on that drop-down menu is that the 48 tracked option doesn't include a signature. If they had said that it didn't include a signature then you might have been in some way complicit in the loss of the parcel. However this is not explained to you and so it seems to me that the responsibility still rests with the retailer.

There is no doubt but that the retailer has a contractual obligation to get the parcel to you securely. If there is any failure in that then they are responsible. They will say that Royal mail has it done has been delivered – that is evidence, of course, but on the other hand it doesn't prove the delivery conclusively. Effectively you are just taking the postman's word for it. It could have been delivered to the wrong address and it would still say delivered. It could have been left behind some bins – and it could still say "delivered".

So on that basis it seems to me that your best case is against the retailer and they can sort things out with the post office if they want.