consumer rights question

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
Just curious and wanted to know if anyone here knows about this stuff.

If I buy an item from a internet site and it gets lost in the post who's responisbility is it, mine to chase do all the leg work then claim from Royal Mail or the suppliers? (Seen as I have no real proof of posting whats stopping me claiming my 42 inch plasm TV was lost and claim for that as well? Would the supplier have proof of posting?)

Was under the impression it was up to the supplier actually supply the item after I've been charged for it, not me to get a refund then pay again to the supplier who gets 2 lots of money for the same item at Royal Mails cost?


Thanks

ferrol
 

Squidders

Full Member
Aug 3, 2004
3,853
15
48
Harrow, Middlesex
If it was an item just shipped without being recorded or insured, it's a tricky one... I think the supplier has the responsibility to get the goods to you.

That doesn't stop other filthy customers getting goods and saying they didn't though!

If the item was sent recorded or registered, most couriers will only deal with their customer (the sender) so what I have had in the past is that the refund had been made to me from the shop and they have claimed the value of the lost goods and shipping costs from, in that case Citylink.

Unless the item is £10 or less, I always request that I at least sign for the goods to avoid this kind of thing.

Best advice would be given by a proper lawyer though.
 

Jedadiah

Native
Jan 29, 2007
1,349
1
Northern Doghouse
If you have paid the supplier for recorded delivery then it is not actually your responsibility until you have taken delivery.

If the supplier has chosen to charge you recorded delivery and not posted it recorded, then he will have to take it on the chin and either give you a refund or supply a replacement that is either the same as the item ordered or a suitable replacement that is fit for purpose to the same value or greater within reasonable boundaries.

It is the suppliers responsibility to pursue the deliverers to either trace the item or obtain a refund, then they should either offer you a replacement, or, if they do not have one, offer you a refund including postage charges. You should not lose anything!

If the item has not been sent recorded and you are aware of this, the supplier should retain the proof of postage and furnish you with it along with a receipt detailing the transaction and the value of the item lost, then you can claim back from the deliverers.

Speaking from experience here, let us know if it was recorded and what happens.
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
Right thats for you replies.. am still waiting how this pans out... if the supplier makes good will be happy, otherwise will kick off big time!

Jedadiah:
Thanks will keep you informed.
 

daved

Forager
Aug 1, 2005
126
0
London
If you paid by credit card, you also have the option of taking it up with the credit card company - useful if your supplier gets "difficult" with you.
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
was paid by CC, but am leaving that as a last option.

Just waiting to see if seller makes good, other wise I fully intend to name and shame. All this messing about. Customer service!?

BTW, was ordered over 3 weeks ago. Been told not in stock a few times ( I had to call), then it was send. To be fair was told each time I rang up, but would of been nice to be emailed to say, not in stock yet, please wait. Guess I'm just a money outlet to them. :(
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
Just check on various sites and this came up:

http://www.dti.gov.uk/consumers/fact-sheets/page24635.html

"According to the Sale and Supply of Goods to Consumer Regulations 2002 the goods remain at the seller’s risk until they are delivered to the consumer. Thus the supplier is liable should the goods not arrive."

Seems like its the suppliers responsibility to do the chasing if lost.

Hope this helps other people if some one else has problems.
 

Scuba Pete

Forager
Nov 3, 2005
212
0
46
Glasgow
You are correct. If it was bought mail order/internet then they have 30 days to deliver the goods. If you not you can get a refund. It is also there responsibity if it goes missing. Just let them know you dont have it and let them deal with it. If they start causing problems and wont give you your money back just call trading standards and they will sort it out.

Good luck.
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
I have to admit I am disappointed esp seen as its from a well know bushcraft site talked about frequently on this forum. Guessing a bad week/ few weeks for them.

Perhaps their is another simple explanation I'm missing, but I shan't be buying from them again nor doing one of their courses.

Hope this gets sorted been far too long now. Since Feb!
 

Chopper

Native
Sep 24, 2003
1,325
6
59
Kent.
Do you know how it was sent?

If you don't it would pay you to find out from the sender and do some chaseing yourself.

Its a good way of finding out how genuine the sender is.

:)
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
AFAIK it was send ordinary post, no PoP or anything. Genius eh?

Sender has a good rep on this forum which is one of the reasons I'm so stunned at the response I got?! :( :eek:
 

Jedadiah

Native
Jan 29, 2007
1,349
1
Northern Doghouse
ferrol said:
AFAIK it was send ordinary post, no PoP or anything. Genius eh?

Sender has a good rep on this forum which is one of the reasons I'm so stunned at the response I got?! :( :eek:

Ferrol,

did you pay for recorded delivery? If so, then they are at fault, if not, then the supplier should have a proof of posting. If you can find out what courier they used, the supplier can take the proof of posting along with dipatch notice/ invoice to prove value of item, claim back the money and re-imburse you, or send you a replacement item. Don't take no for an answer, fight them all the way to the grave! :cussing:
 

British Red

M.A.B (Mad About Bushcraft)
Dec 30, 2005
26,890
2,143
Mercia
ferrol,

I wouldn't be too worried about naming them if I was you. This has had good results for other people (provided you keep things objective ).

We are all happy to praise good service, we should be equally comfortable in discussing, and resolving, problems.

I'm having a couple of dificulties myself at present wioth a firm I have had no problems with in the past. If it isn't resolved quickly and to my satisfaction, I will certainly post something to that effect on here. The power of these forums is that we share such information - good and bad

Red
 

ferrol

Tenderfoot
Nov 14, 2006
54
0
48
in my head
Well it all ended well, turns out it was the post office being crap as they normally are, sat on a parcel and didn't bother telling anyone.

Post office: "But you would of recieved a card!"
Yer right!
Post Office: "Do you want us to try and deliver it again?"
No No NNOOOOOOOOOOOOOOOO :eek: . OK.


The supplier did the leg work thank fully and was graceful to the end. Am very pleased. I will buy from them again. And will recommend as well. Glad I was wrong in some bits.

But I do hope they use Proof of Postage in future if only for their sake.

Happy.

ferrol :D
 

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