Non-Delivery - What is the OFFICIAL stance? ***Resolved by Cagger***

[haroldjclements]

Hello forum,

 

I have a question that has been asked many many times before. I purchased at item online and paid by credit card. It's been a couple of weeks and I still have not received the item. Now, I was of the understanding that goods remained the property of the seller until they had been received by the intended recipient, regardless of whether the seller was offering "free" delivery. However, I have searched trading standards and cannot find any references to this. Is this still the case?

 

Basically, I want to quote something official is my correspondence.

 

Thank you for your comments.

 

Kind Regards,

XXXXXXXXX

[rebel11]

Hi Harold

 

Welcome to CAG

 

You paid by Credit Card, contact your card provider, ask to do a Chargeback. You can send a amended template. Send it Recorded Delivery. The card provider will contact the retailer.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

[haroldjclements]

Thank you for your quick response.

 

I have not contacted the the seller yet, I am just trying to find some official documentation that I can use backup my case (if one arises). Am I correct in thinking that the item remained the property of the seller until it is delivered?

 

Thank you for the link, at least I will know where to go if I get no joy...

 

Kind Regards.

[rebel11]

Hi harold

 

Heres some info:-

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

[haroldjclements]

Thanking you so very much...

 

Section 43 is exactly what I needed...

 

Thanks Again...

[rebel11]

No problem, let us know how you get on.

[Conniff]

Don't forget the part 42 where is says "In any event not more than 30 days after the day on which the contract is entered into".

 

 

So you will need to give him the full time before complaining of non-delivery.

[haroldjclements]

Good news, the item that I ordered has now arrived; with a big hand written message saying "not at this address". This postman tried to deliver the item to the right number but wrong street. - Typical Royal Mail...

 

The reason why I thought that I was going to have problems was that the sellers website (in the Q&A section) tried to state that if you use there "free" second class delivery, they will not be held responsible for non-delivery. I was expecting to have to quote some consumer law to them...

 

Thanks again for all your help. It was very much appreciated...

 

 

xxxxxxxxxxxxxxxxxxx

[rebel11]

Good to see it's resolved.