Company suddenly claiming item not received

[TheBrilloPad]

For approx 3 years I have used a (small) hire company to hire things (imagine handbags/dresses/shoes etc). I have had a different item on hire for the majority of the three years, returning and hiring items every month or so.

They were always organised and prompt - on the odd occasion I was late returning anything I was contacted the day after return was due asking where the item was/if I wanted to extend my hire etc

They were then taken over by a different company. As usual, I hired something, sent it back by Royal Mail tracked delivery, and never heard anything further. At some point I threw the tracking receipt in the bin. I'm positive I had checked this and my item was delivered.

Over a month later they contacted me saying they hadn't received my item, and could they have tracking details. I no longer have these. They have said unless I can provide these, the item is counted as lost and I need to pay the full RRP (approx £150ish). I had no contact at all from them in the month between the date my item was due/sent back, and the date they contacted me.

I'm really annoyed. If they hadn't taken a month to let me know, I would have still had the tracking receipt. I'm also annoyed I'm being charged the full RRP on what is essentially a well used hired item which was not new.

Do I have any leg to stand on, or do I have to swallow the hit and pay the full amount? Their attitude has been appalling this time round and I won't be using them again now regardless.

I would check consumer law on this - they should be insured therefore I think you shouldn't have to pay the full price of a new item for something that wasn't new. But you are not certain they had received the item are you? I screenshot the delivery confirmation and hold on to it until I get an email confirming anything I have returned has been received.

The only other thing I can suggest is seeing whether the Post Office can re-print the tracking code based on when you paid them, but it's several weeks ago now so I'm not sure it's possible.

Thanks wow.

It's in their T&C's that the hirer must pay full RRP replacement costs for any item lost or damaged while on loan. And no, I'm not 100% sure they definitely received it - didn't screenshot it etc, I assumed they would have chased me up etc if they didn't receive it, so I took their months silence as confirmation that they had received it I suppose. I'm 90% positive I checked and they had received it, but they are making me doubt myself.

Insurance does not magically make the OP's liability (if she has any) go away nor does it reduce the OP's liability. From her point of view it simply means that, if the insurance company pays out, she has to pay them rather than the hirer.

TheBrilloPad - If you refuse to pay and they take you to court it will be decided on the balance of probabilities. You don't have to prove beyond doubt that you sent the item although obviously it would help if you had some kind of evidence to support you. You could also potentially argue that a term requiring you to pay the full RRP for an item that is worn (and where it is, in any event, unlikely that the hirer will have to pay full RRP to get a replacement) is unreasonable.

It you think you checked with them and they received it you might want to take that line with them. You could also point out that you checked with them, they confirmed they had received the item so you disposed of the tracking receipt - if you are 90% positive you did this, stick to your guns. Alternatively you could offer a compromise. Argue that the contract term is unfair as it won't cost them that much to replace it and the item is clearly not worth the full RRP as it is worn, so they are asking you to put them in a better position than they would have been had the item not been lost. Offer what you believe is a fair value for the missing item.

Thanks PRH.

I'll go with sticking to my guns that it was delivered on time then. I don't know why it would take them a month to contact me, and think they seem to be very disorganised and having huge admin issues since the new company overtook them, so I suspect they have mislaid it or lent it out again and not updated their records, I just have nothing to prove this.

So frustrating.

I think you’re up the creek without a paddle if you have no proof it was sent.whats to say you didn’t just keep it and claim it was sent? (I know this isn’t the case but it would be possible).

I’d be pressing them to check their records / stock to make sure it definitely hasn’t been received but unfortunately things do get lost but RM and if you have no proof t was delivered back to them, then in a court of law, I imagine you would be responsible.

If it was sent RM tracked, there might be a record online.