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Claiming postal costs back


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I'm new to the forum and joined as I seem to be having more problems with customer service of late.

My current problem is that I bought an item which was despatched the next day. The courier company have now had the item in their Manchester depot for 34 days, it has not made it south yet. Having got no joy from customer services or replies to emails I rang the seller. They sent them an email asking for them to make immediate delivery. (2days ago) If the item doesn't arrive in the next few days I am going to ask for a refund, I am not sure how I stand as it is the couriers fault, also can I claim the postage back? I understand 30 days is a reasonable time to have waited but is this in relation to items being despatched. I understand there has been some bad weather and have taken this in to account but think this has now gone on too long. :sad:

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You won't be able to claim delivery costs directly from the courier as you don't have a contract with them. You should have been contacting the seller in the first instance, keep chasing them up for progress and also ask them about a partial refund due to the long time you've had to wait. Did they give you an indication of how long delivery would normally take?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi, I was planning to ask the seller for the postal costs back. I am intending to wait until the weekend and then I was hoping to cancel the order altogether and hoping to get a full refund including postage but wasn't sure if they could refuse to refund postage. I had asked the seller if they could send me another item and they said they didn't have one in stock, The parcel depot is quite close to where their warehouse is so I thought it would be easier for them to get it back from there. I seem to have spent the last month at home waiting as local depot is a 50 minute trip from my home and I didn't want to miss delivery. Thanks

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Sorry forgot to say the seller told me 5 to 10 days and their website says up to 10 days for delivery. The courier tracking system said planned delivery day 13th December. With the snow I expected some delay but not this long.

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If the tracking information has not been updated for 34 days then there is a real possibility that the item could have actually got lost somewhere in transit, hence no further scans. If this is the case and you have bought something which has not been delivered, you would be entitled to a full refund including P&P costs.

 

If however the item is actually delayed and does arrive with you eventually then I would certainly ask the seller for a partial refund for the delay and inconvenience. A refund of the postage costs seems reasonable.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks barracad, I feel more confident in phoning with a little advice under my belt. I was told my item was in a cage in the depot in Manchester both by the seller and the MK courier depot where I am expecting to end up. I think it was part of a backlog but it should have been cleared by now and is lost I suspect.

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Hi,

 

I had a similar problem once: apparently postal carriers consider their contract to be with the person who puts the item in the post, not the intended recipient. If it doesn't get to you though, according to some convoluted logic, this is not the carrier's fault (!), and they don't have to compensate you. Your only recourse is to go back to the seller for a replacement or refund. The seller usually has a duty to provide one or the other (depending on the law where he is), and then has to claim any losses back from the carrier himself, if he can. It's usually the seller who loses out in these circumstances, ultimately.

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The parcel was declared lost, and the seller immediately sent out a replacement on next day delivery with a different courier company (Thursday) Got quite excited after seeing it had been scanned onto the delivery van in MK yesterday morning, should've known better, it didn't arrive. The seller said to contact them if it didn't arrive next day so I'm letting them know.

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apparently postal carriers consider their contract to be with the person who puts the item in the post, not the intended recipient. If it doesn't get to you though, according to some convoluted logic, this is not the carrier's fault (!), and they don't have to compensate you.

 

I'm not sure this is convoluted, firstly fault and compensation are not necessarily related. By not paying compensation to the recipient then they are not denying fault, but as you have pointed out in your first comment, they have no contract with you and have nothing to compensate you for. They have a contract with the seller so will need to compensate them (if applicable), you have a contract with the seller so they are ultimately responsible for ensuring the item is delivered to you - if they choose to subcontract this to a courier then they are still responsible.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 5 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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