UNDERSTANDING YOUR RIGHTS WHEN ITEMS
ARE MISSING FROM YOUR PARCELS
WE INVESTIGATE FOR BBC 1's 'RIP OFF BRITAIN'
More than half of all people had at least one delivery, not go as planned, according to Which? There are plenty of stories of parcels thrown over hedges, left on the doorstep to be stolen or shoppers staying in to receive a parcel only to find a note on their mat to say – they weren’t in, when they were.
There has also been a dramatic rise in what is known as parcel piracy – when thieves steal parcels left on the doorstep by delivery drivers. The number of thefts reported to police is said to have increased by more than 500% since 2019, according to new data obtained by delivery tech firm Quadient, who sent out Freedom of Information requests to police forces across the UK.
Internet sales have revolutionised how we buy things. 1 in 4 of all sales are now done online and that is double the amount of a decade ago, according to the Office of National Statistics. Amazon alone is thought to sell $33billion worth of goods to us every year.
So what are your rights, if a parcel you ordered, is not delivered, goes missing or does not contain everything you paid for? – Adam Shaw from Rip Off Britain, explains.
Rip Off Britain viewer, Rashelle, decided to buy her son some clothes, making use of an NHS discount she had been offered. She went to the SportsDirect website and ordered the clothes, but when she arrived home from work and checked the parcel her mother had accepted, she noticed that the perforated side of the parcel was damaged, and 4 items were missing. Her mother hadn’t noticed the damaged parcel when she took delivery and of course like everyone, hadn’t opened it to check it was all there before the delivery driver left.
She went to the delivery firm and to SportsDirect, but neither would help, so she called Rip Off Britain to find out what her rights were.
Q: What is the legal position when a delivery goes wrong – who is responsible for sorting it out?
A: Under the Consumer Rights Act, your contract is with the retailer. If your parcel is damaged, late or doesn’t arrive, you should first complain to the retailer you bought it from – even if you think the courier is at fault.
Don’t be pushed around and told to go to the delivery company.
The Consumer Rights Act states that the retailer is responsible for the condition of the goods until they are delivered to you. Even if it is the courier who is at fault, it is the retailer who has to remedy the situation.
However, if you have said the delivery can be sent to a neighbour or left in a nominated ‘safe place’ and the damage or theft occurs from there, you have fewer rights of redress.
Q: What sort of evidence do you need to provide?
A: If a parcel looks damaged or appears to have been tampered with, it’s a good idea to take photos of the box from every angle before opening it. It may be the case that your instructions weren't followed. While some online retailers still require deliveries to be handed to someone at the recipient’s address, many offer the option of delivery to a neighbour or a safe place. If a courier is able to give evidence (such as a signature or photo) that it followed your instructions, then you may struggle to make a successful claim for a missing parcel – so think carefully about opting for safe place delivery for important or valuable items. If, however, your instructions aren’t followed (for example, the parcel is left on your doorstep) and it is subsequently stolen or damaged, the retailer will be in breach of contract and must provide a refund or replacement.
Q: Rachelle used PayPal and not a credit card. What is the difference in the protection offered by PayPal and debit cards and credit cards?
A: PayPal and debit cards do not offer the same level of consumer protection as is offered by credit cards. That’s because payments from credit cards get an extra level of protection offered under Section 75 of the Consumer Credit Act, an amazing piece of consumer protection law that provides those using credit cards with a lot of extra consumer rights. Section 75 applies as long the goods or service you bought must have cost over £100 and not more than £30,000. Under Section 75 of the Consumer Credit Act 1974, the credit card company is what is known as ‘jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.’ In plain English, if anything goes wrong, you can apply to the credit card company to pay you back, if the retailer won’t.
But that doesn’t mean even using PayPal that you have no protection. PayPal also has its own buyer protection scheme.
If you buy something online using your PayPal balance, you’re not protected as you are using a cash balance to pay for things and are not using it as a credit card.
If PayPal is used as a 'payment processor' by an online store, but you weren’t logged into a PayPal account, you might have some protection.
But it’s often complex and fiddly to understand what element of PayPal you are using and it can be easier to get the protection, by using a credit card. So, as long as you are paying off your credit balance at the end of the month, it can be worth considering using a credit card. That’s because if the retailer keeps being difficult, the customer could also make a Section 75 or chargeback claim with their bank depending on how they paid for their order.
Q: What if I used a debit card and not a credit card?
Section 75 applies only to credit cards and not to debit cards or charge cards.
If you use a debit card, it's possible that you may be able to use chargeback instead to get some or all of your money back. Chargeback is not enshrined in law but is part of Scheme Rules, which participating banks subscribe to.
Q: What should Rashelle say to PayPal?
A: If PayPal or any credit provider is being difficult, it might be because they believe the consumer is lying or at least not telling the full story. To help her claim, I would make it clear to the company that:
Only some of the goods were missing.
That she has bought from the company before and there were no problems and is therefore a customer in good standing and has no history of making such claims.
That she has also been a customer of PayPal or a credit card company for a long time and has no history of making these kind of claims.
All this should make her claim sound legitimate and increase the likelihood of the money being returned.
Q: What should Rashelle do if the company just won’t pay up?
A: If the credit card company doesn't accept that she has a valid claim and refuses to pay up, she should ask for what is known as a ‘letter of deadlock’ so that she can refer the dispute to the Financial Ombudsman Service (FOS). But in my experience, it rarely comes to that.
After Rip Off Britain got in touch with SportsDirect, they looked into things again and I'm pleased to say they have now refunded Rashelle and offered her a gesture of goodwill.
If you have a problem you think needs investigating you can email RipOffBritain@bbc.co.uk or write to Rip Off Britain, BBC Bridge House, MediaCityUK, Salford,M50 2BH or contact us via Facebook https://www.facebook.com/bbcripoffbritain/
The View From Our Studio at BBC Salford
