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


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Hello all,
Hoping someone can help me please?

I bought some cosmetic items from an online retailer in U.K through their website back in July 2020

The order was sent out using Royal 48hr tracked service and to date I never received my order.

After several compliants, all their customer service team has provided me is the Royal Mail tracking information which only shows that the item was delivered but since its a 48 hr Tracked service there was requirement for signature or any other proof of evidence.

Since the retailer is not willing to help, I have then raised Paypal dispute which was closed in their favour and after which I raised Amex credit card chargeback which again got closed in their favour.

I have also spoken to Royal Mail customer service team over the phone and all they advised me was it is the sender who are supposed to raise the missing/lost claim directly with them and nothing they can do to help me, the customer service agent did also mentioned that they are facing lot of technical issue and unfortunately they don't even have the GPS information  to confirm further but this not something she can discuss with me as I not the sender.

So, I spoke to my Home insurer who also provide a certain level legal cover as well as  legal advise.

Their advise is that I can ofcourse bring a claim against the retailer for breach of contract but since there is  no evidence  from side it could be tricky as retailer can argue that they fulfilled their duty by using Royal Mail service and they have the evidence supporting that.

So, I am not really sure how on earth will I prove that I didnot receive the parcel at all.

Appreciate any help on this matter.
Thank you

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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

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Just to point out there are 2 different types of tracking Royal Mail use

 

Royal Mail Tracking 24/48hrs that doesn't need a signature just says delivered online.

 

Royal Mail Signed for 24/48 hrs, that needs a signature which will show online the Name and signature.

 

 

.....

Edited by 45002
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Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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1 hour ago, BankFodder said:

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

Thank you for your prompt response.

The retailer is Richdomar Ltd  - justmylook

The Value of the goods are only £95

And it was sent using Royal Mail 48 Tracked not the signed.

So, what should be the best course of action then please, should I raise a claim against Royal Mail or the seller in small claims?

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Just to add, Sometimes the postal staff just pop stuff in the letter box without scanning or getting a signature which is annoying.......

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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under the current covid rules they don't have to get a signature for any signed for item whatever its kind.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

 

Please monitor this thread for a fuller reply tomorrow

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3 minutes ago, dx100uk said:

under the current covid rules they don't have to get a signature for any signed for item whatever its kind.

 

dx

 

 

Royal Mail says

 

We will not be handing over our hand-held devices to customers to capture signatures but instead log the name of the person accepting the item

 

https://tinyurl.com/rgeu7yv

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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1 hour ago, Bramble09 said:

And it was sent using Royal Mail 48 Tracked not the signed.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?
 

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by default it gives me the option for 48 Tracked at checkout, but there is a drop down menu (see attached) to chose from and obviously I went with the default option.

I am not sure what is the definition of "evidence" in these type of cases?
Thanks 
image.png.9d6b84f7f33e3e515e33d261bcebe351.png

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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.

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you say you raised a chargeback? amex is a credit card.

don't you mean a section 75 claim under the CCA?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
34 minutes ago, BankFodder said:

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.


Thanks for the detailed response.

Royal Mail 48 Tracked is different to RM 48 Signed and the Tracking number only shows the following
image.png.cb094e67ecaeb92576295c07936b4356.png
image.png.cb094e67ecaeb92576295c07936b4356.png
image.thumb.png.438f2332d52daf45708afce78d88607f.png

Only thing I am confused is how will I prove I have not received the parcel already or is the onus on the seller to prove it?

Seller's recent email  as below:

 

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44 minutes ago, dx100uk said:

you say you raised a chargeback? amex is a credit card.

don't you mean a section 75 claim under the CCA?

 

 

As far as I am aware section 75 will only apply for over £100 and this is below that threshold!


Thanks

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