Lost £130 and don’t know what to do

[lilpeepgothboy]

Saved up and decided to treat myself to some new clothes. Royal Mail delivered it and left the parcel on the steps leading up my front door.

I was at work and came home and it was gone. No neighbours took it in.

Complained to the retailer and they took a month to do an investigation all to come back and say Royal Mail said it’s delivered so tough luck (there’s a delivery photo of it on the steps).

I’ve complained to Royal Mail who said the retailer can raise a claim against them, but when I go back to the retailer they say Royal Mail won’t let them.

Its not fair that I should lose £130 but I’ve no idea what else to do.

If you paid on credit card you will be protected so ring your provider.

If you paid on debit card you may be able to raise a dispute with your bank as 'non receipt of goods'

Surely their picture just proves that they left it abandoned in an unsafe location on your doorstep in full view of anyone who passes the house.

Had you left an instruction to leave it there?

If not escalate through the clothing company, write to the complaint team and if that doesn't work google for ceo contact details and use that email address. The CEO will never look at it but it puts it to the top level complaint handlers.

Yes - section 75 claim if credit card; chargeback if debit card.

If neither of those work, you could try the small claims court.

Have you tried tweeting the retailer?

Leaving it on the step outside is not delivery. The retailer needs to sort it or refund yiu!

Can you ring 101 and get a crime report number? Then pass that to the company. It’s clearly been nicked and should be recorded as a crime even if nobody is going to burst to stealing it. Might help prove you’re serious about not receiving the parcel.

say Royal Mail said it’s delivered so tough luck

The law says otherwise. Unless you clearly told the retailer to leave it on your doorstep, they have failed to deliver it to you and must either refund you or deliver a replacement.

Complain formally to them. If you still get a "deadlock", go to chargeback with your card provider.

maybe this won’t work but when a retailer refused to replace my faulty item under warranty and stopped replying to my emails, I wrote them a review on trust pilot and then they responded immediately and fixed the issue - maybe it will work if you try this. Sorry this happened to you

The one from “Luke” is Royal Mail and the other is the retailer.

I never selected a safe place. Also after reading arms website I’m not sure how “left in the open on steps” would ever be considered a safe place.

RM wont discuss the safe place or the retailer not making a claim as I’m a third party and just constantly refer me back to the retailer.

Then I go back to the retailer who says tough shit.

I’ absolutely devastated. I’ve tried ceo emails and tweets .. but nothing

The second screenshot sounds as though what they're saying is that royal mail and the courier have came to an agreement between themselves that leaving a delivery on the doorstep is an agreed safe spot

I wonder if this is in the terms and conditions when you go to the checkout whilst buying an item? People could be agreeing to it but not realising unless they read the detailed T&C's

This is pretty shitty for a number of reasons. Firstly the safe spot isn't actually safe. Secondly, what's to stop the courier taking a photo of the delivery on the doorstep and then picking it up and walking away with it?

The whole thing sounds ridiculous and open to abuse

I'd post your issue on their Twitter account etc hopefully stir up some shit

That Royal Mail thing about the designated safe place is absolute bullshit! They did the same to me a couple of week ago and left a parcel on my doorstep. I had an email to say it had been delivered to my designated safe place. I have never specified a designated safe place, and if I had it wouldn’t be behind a plant pot outside the front door! Luckily mine was still there when I got home but unless they can provide proof that you asked them to leave it outside, then they’re trying it on.

Dear Retailer

On xx/xx/xxxx I placed an order with you for delivery to my home address.

At no point did I designate a safe place for delivery.

On xx/xx/xxxx while I was at work, Royal Mail attempted to deliver. No one was home and no safe place had been designated. What should have happened is that Royal Mail should have either left a card so that I could re-arrange delivery. Instead, as you have acknowledged, they left the goods on the front doorstep (as confirmed by the photo you have referenced in our previous communications). My front doorstep is overlooked from the road which means that it is not a safe place. As a result, by the time I returned home the parcel had gone missing.

I contacted you and you advised me that this was an issue I needed to take up with Royal Mail.

I contacted Royal Mail and they advised they are only able to communicate with their customer, which is you.

At this point I have paid you for products that I have not received because of the incompetence of your supplier. As such it is your responsibility to make right this situation. You can do that by either refunding my ordering full, including the delivery fee, or by reissuing my order. If you opt to reissue the order please ensure that clear direction is given to your supplier that goods should not be left in full public view on my doorstep.

I have provided below a link to Citizens Advice guidance which states "If Royal Mail left something with a neighbour or in a certain place and you didn’t tell them to, it’s the seller’s responsibility if it gets lost. You should contact the seller to ask for a redelivery or a refund - you can phone, email or write a letter."

www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-you-ordered-hasnt-been-delivered/

Please respond with details of how you will be resolving this situation within 5 working days. If a response is not received by xx/xx/xxxx then I will take action to claim back charges via my bank account.

Yours sincerely

..............

I hope you can get your money back OP. Are you absolutely sure its YOUR front door from the photo and it's not been left elsewhere?

I had a similar experience with some bedding I'd ordered. It was marked as delivered but it wasn't MY door. The courier insisted it had been left in my safe place ( I dont have one!) and I would have been in your position except my door is red not white som it was simple to showing was the wring door.

I never selected a safe place either and reading their website a safe place has to have certain requirements. Left on outdoor steps isnt a safe place.

It’s definitely my front door.

@FatAgainItsLettuceTime thank you I appreciate it. But retailer just keeps sayings it’s my fault as I selected a safe place (I didn’t) and then RM says they won’t discuss it as it’s a business account.

You did not receive the goods therefore the retailer has not fulfilled their legal requirements. What THEIR chosen courier did with the goods is nothing to do with you, you didn't hire them.

Tell them that they either deliver the goods you ordered or refund your money or you will take them to the small claims court, you WILL win. If they refuse a refund again, get a chargeback through whomever you paid through or take them to court.

Here’s the proof of my delivery

@lilpeepgothboy you need to push it with the retailer. The onus is on them to prove that you selected a safe place and that the place you selected was your doorstep. They should be able to obtain proof of that request from their supplier. If they can't obtain that proof then they need to refund or replace. They will be required to provide that proof to your bank if you do a charge back request, just as you will be asked to prove you've followed the complaints process and tried to resolve the issue with the retailer direct.

Who are the retailer?

Pursue it with the retailer in writing stating the law. Tell them you will be taking them to small claims court.

Did you pay by credit card or not?

Contact your credit card provider and tell them, they should handle it for you.
This site gives details

https://www.moneyhelper.org.uk/en/everyday-money/credit-and-purchases/how-youre-protected-when-you-pay-by-card

No debit

If the retailer has a Twitter page then complain on there.

I’ve recently complained to RM about leaving a parcel on my doorstep - they didn’t ring the doorbell (I was about 5m away from the door when they dropped off my parcel).

We also have a terrible letter delivery service because RM is prioritising parcels (as confirmed by our postie).

I don’t blame the posties, I blame the management for giving them huge rounds and nowhere near enough time for deliveries.

Name and shame. I certainly wouldn't want to buy from them - how many other people do they use this underhand tactic with? The retailer must deliver your order to you. They failed - and laughably proved they failed by giving you evidence your order was dumped on your doorstep. Contact your bank to raise a visa dispute and if that fails then take them to court.

www.gov.uk/make-court-claim-for-money

What was the outcome?

You need to escalate through the company, the law is on your side.

As both the Consumer rights act and the Consumer contracts regulations both specifically states that the goods are at the traders risk until they come into the physical possession of either the consumer or a person named by the consumer:
http://www.legislation.gov.uk/ukpga/2015/15/section/29

29. Passing of risk(1)A sales contract is to be treated as including the following provisions as terms. (2)The goods remain at the trader's risk until they come into the physical possession of— (a)the consumer, or (b)a person identified by the consumer to take possession of the goods.

Write back and point this out so neither happened and that you will be taking them to the small claim courts if you don't receive a refund within 14 days. This is known as a letter before action (templates available online). Hopefully the hassle of going to court will prompt action.