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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think this (online) shop should refund me

151 replies

mrsfoof · 30/08/2022 16:32

I bought some things online at the end of May. I paid for first class post and got an email to say the order had been sent the next day. I've just realised that it never arrived so contacted the seller (an online shop, not Amazon / eBay) to ask for a refund.
The seller is refusing to refund because it's been 3 months and this was the first time I'd been in touch. Their reason is because it's too late for them to claim from Royal Mail for the lost parcel. That seems unfair - it's not my fault they can't claim anymore and I've not got the stuff I ordered.
Any ideas? Can I take them to court (seems a bit extreme as the order value was only £50 but I can't afford to lose this)? Annoyingly I didn't pay with PayPal.

OP posts:
mountainsunsets · 30/08/2022 19:11

The primary contractual relationship is between buyer and seller. If the seller does not uphold their end of the contract they have to refund or replace the item.

OP has no proof they didn't uphold their end, though, because she didn't bother to chase it up for three months.

How does she know it's not sitting at the local sorting office or with a neighbour?

FiveGoMadInDorset · 30/08/2022 19:15

Reverse?

HaveringWavering · 30/08/2022 19:47

mountainsunsets · 30/08/2022 19:11

The primary contractual relationship is between buyer and seller. If the seller does not uphold their end of the contract they have to refund or replace the item.

OP has no proof they didn't uphold their end, though, because she didn't bother to chase it up for three months.

How does she know it's not sitting at the local sorting office or with a neighbour?

Because you get a red card through your letterbox if it is taken back to the sorting office or delivered to a neighbour. She doesn't have the item or any information as to its whereabouts. She can testify to this on oath if necessary. It would then be for the other side to prove on the balance of probabilities that she is lying.

lemmein · 30/08/2022 20:02

All parcels sent through royal mail have tracking now (not letters!). It isn't real-time tracking, more proof of delivery, so it should have been updated once it was delivered. Depending on how the seller buys their postage they might still be able to access that number (I buy my postage through click & drop online and can access past numbers)

As a seller if I checked that number and could see it hadn't been delivered I probably would resend - but no chance if it was recorded as delivered.

Original poster
mrsfoof · 30/08/2022 20:59

Thanks for your opinions everyone. I've been told by the company that they only hold postal records for six weeks so don't have the tracking details for the parcel anymore, so I'm not sure if it ever said delivered or not.
It was sent first class on a Monday. I work out of the home in the week so it's possible that it was taken back to the post office as nobody would have been home if it arrived on a week day, but I didn't get a red card so who knows. It's definitely not at the post office now (I checked this afternoon).
I will speak to my bank to see if they can claim it back for me.

OP posts:
ParvuliThankYouDebbie · 30/08/2022 21:29

mrsfoof · 30/08/2022 20:59

Thanks for your opinions everyone. I've been told by the company that they only hold postal records for six weeks so don't have the tracking details for the parcel anymore, so I'm not sure if it ever said delivered or not.
It was sent first class on a Monday. I work out of the home in the week so it's possible that it was taken back to the post office as nobody would have been home if it arrived on a week day, but I didn't get a red card so who knows. It's definitely not at the post office now (I checked this afternoon).
I will speak to my bank to see if they can claim it back for me.

The claim time for Royal Mail is 80 days - ie almost 12 weeks. So if you had told them within that time limit it sounds like they wouldn’t have been able to claim it anyway if they dispose of the postal proof after six weeks………

mountainsunsets · 30/08/2022 22:28

@HaveringWavering you don't always get a red card through. I've had several parcels I've only known were at the sorting office because the company I ordered from tracked them down for me 🤷🏻‍♀️

Novum · 31/08/2022 08:04

mountainsunsets · 30/08/2022 18:07

And OP chose to use them regardless.

If you want tracked delivery, use a company that offers it.

Show quote history

That makes no difference to the company's contractual obligation to deliver the goods ordered.

Novum · 31/08/2022 08:05

mountainsunsets · 30/08/2022 19:11

The primary contractual relationship is between buyer and seller. If the seller does not uphold their end of the contract they have to refund or replace the item.

OP has no proof they didn't uphold their end, though, because she didn't bother to chase it up for three months.

How does she know it's not sitting at the local sorting office or with a neighbour?

Of course she has proof. She didn't receive the goods. As @HaveringWavering, says, it's the seller's responsibility until she does receive them.

Novum · 31/08/2022 08:07

mountainsunsets · 30/08/2022 22:28

@HaveringWavering you don't always get a red card through. I've had several parcels I've only known were at the sorting office because the company I ordered from tracked them down for me 🤷🏻‍♀️

If they went back to the sorting office and weren't claimed, they would be sent back to the sellers.

NumptiesIncorporated · 31/08/2022 08:11

Do you also want HelloFresh to give you two boxes for free because you didn't unsubscribe?

What is it at the moment with people wanting businesses to stump up for their own mistakes?

mountainsunsets · 31/08/2022 09:48

@Novum the seller only has her word that she never received the goods, though.

I sell online and if someone waited three months to tell me they hadn't received the items, I'd think they were pulling a fast one.

CapMarvel · 31/08/2022 10:01

Yeah, if I sold something and it took the buyer 3 months to say it hadn't turned up I wouldn't believe them either.

HaveringWavering · 31/08/2022 10:21

mountainsunsets · 30/08/2022 22:28

@HaveringWavering you don't always get a red card through. I've had several parcels I've only known were at the sorting office because the company I ordered from tracked them down for me 🤷🏻‍♀️

Well that's not your problem, is it?

The Royal Mail procedure is clear- if you're not in they are supposed to put a red card through the letterbox. How else would you know they had attempted delivery? Magic?

HaveringWavering · 31/08/2022 10:21

CapMarvel · 31/08/2022 10:01

Yeah, if I sold something and it took the buyer 3 months to say it hadn't turned up I wouldn't believe them either.

Yeah but that's not how the law works. Thank goodness.

CapMarvel · 31/08/2022 10:27

Maybe so, but the immediate reaction would be "yeah, right".

ZeroFuchsGiven · 31/08/2022 10:31

Customers like you drive me mad Who the fuck orders something then doesnt realise its not been delivered for 3 months. Personally I would think you were trying it on.

starfishmummy · 31/08/2022 10:51

You say you cant afford to lose the £50...yet you have only jut realised that the goods have not arrived? So you havent exactly missed the money, have you.?

MrsSplendiferous · 31/08/2022 10:56

NumptiesIncorporated · 31/08/2022 08:11

Do you also want HelloFresh to give you two boxes for free because you didn't unsubscribe?

What is it at the moment with people wanting businesses to stump up for their own mistakes?

I was having the exact same thought 😆

PestorPeston · 31/08/2022 10:57

If it is outing to mention your job, are you the foreign secretary?

amicissimma · 31/08/2022 10:59

I recently got in touch with Amazon about an item that hadn't arrived about 35 days after I ordered it. I assumed it was coming from China so I was probably being a bit premature. They told me they won't do refunds if the non-arrival isn't reported within a month!

So beware. Get in contact within a month even if you think that's a bit soon.

chillipenguin · 31/08/2022 11:01

starfishmummy · 31/08/2022 10:51

You say you cant afford to lose the £50...yet you have only jut realised that the goods have not arrived? So you havent exactly missed the money, have you.?

Yes you haven't missed the money or the item so it was all a waste of time

mountainsunsets · 31/08/2022 11:03

HaveringWavering · 31/08/2022 10:21

Well that's not your problem, is it?

The Royal Mail procedure is clear- if you're not in they are supposed to put a red card through the letterbox. How else would you know they had attempted delivery? Magic?

Show quote history

Well, I can only speak for myself, but if I don't receive a parcel after a few days, I check any tracking and/or contact the sender to see if there's been a problem. I don't just rely on a red card through the door because I know there are often delivery issues.

What I don't do is forget about it for three months and then expect the company to compensate me for being too lazy/forgetful to follow it up.

And as a sender, I assume everything I've sent has arrived okay unless a customer tells me otherwise. I don't message all my customers to make sure they've received their orders 🙄

mountainsunsets · 31/08/2022 11:04

starfishmummy · 31/08/2022 10:51

You say you cant afford to lose the £50...yet you have only jut realised that the goods have not arrived? So you havent exactly missed the money, have you.?

Exactly 😂

If the £50/items were so important, you'd chase it up within a few days, not a few months!

ZeroFuchsGiven · 31/08/2022 11:21

And as a sender, I assume everything I've sent has arrived okay unless a customer tells me otherwise. I don't message all my customers to make sure they've received their orders

Exactly this! Also if something is returned to me I automatically refund and move on, i dont have time to chase up customers who cant be arsed to be there for delivery. Have you even checked your bank to see if you had a refund weeks/months ago?