What are your legal rights if your Christmas parcel goes missing?

Christmas shoppers may inevitably experience delays this season, with delivery services facing significant disruptions due to capacity, scheduling challenges, and competition-related setbacks.

Yodel recently informed customers there may be a delay and to allow "a couple of extra days for your delivery".

Now, an expert has stepped in to enlighten people of their rights when it comes to lost or late Christmas packages.

Nick Drewe, founder of Wethrift reviewed the consumer rights, legislation, and protections available to individuals if Christmas deliveries may go missing.

iStock

Next-day delivery or guaranteed delivery dates

If you paid a surcharge for next-day delivery or a guaranteed delivery date and this service was not fulfilled, you can request a refund from the retailer for the additional delivery cost.

You may also ask the seller to resend the item or provide a full refund if the parcel does not arrive by the agreed date.

When contacting retailers, include the following statement to support your claim: "Failure to deliver within a reasonable time and after the agreed deadline is a breach under the Consumer Rights Act 2015."

This reminder may prompt retailers to respond more swiftly.

Responsibility of the Seller

The seller is always responsible for ensuring your items are delivered. Unfortunately, many people mistakenly contact the courier for delivery issues instead of the seller.

Under the Consumer Rights Act 2015, the seller is responsible for the goods until they are delivered to you.

According to this legislation, if your parcel goes missing, you should first contact the retailer. They are required to:

• Locate the parcel in the hope that it is still on its way to you, or
• As aforementioned, provide a replacement or issue a full refund.

Even if the courier is at fault, it remains the seller’s responsibility to resolve the issue.

If you are struggling to contact the seller, Citizens Advice offers a free template you can use that can help you draft an email/letter for the seller.

What if the seller or retailer is unhelpful?

If the retailer fails to take action, you can escalate the matter to the Retail Ombudsman, who will intervene on your behalf.

Alternatively, you can request a chargeback for debit or credit card purchases through your bank. If authorised, the bank will contact the seller’s bank to reverse the payment into your account. However, it’s worth noting that this scheme is less commonly known and may involve certain risks.

In some cases, a stolen parcel may be covered by homeowners’ or renters’ insurance. If you choose to file a claim, you will likely need to pay a deductible, which could be higher than the value of the parcel.

Check your payment method

If you used PayPal to complete your purchase, you are protected by the Buyer Protection Guarantee. This scheme will reimburse you for the full value of the item as well as any postage and packaging fees. Similarly, PayPal will compensate you if the item does not match the seller’s description.

If you paid with a credit card, you can make a claim under Section 75 of the Consumer Credit Act. This protects purchases valued between £100 and £30,000. Under this act, the credit card provider may be equally liable and could refund you directly.

What if the parcel is delivered to the wrong address?

If your parcel is delivered to the wrong address, the seller remains responsible for resolving the issue.

It is the courier’s responsibility (acting on behalf of the retailer) to retrieve the parcel or arrange a redelivery.

Consider your ‘Safe Place’ carefully

When ordering an item, if you’re concerned you won’t be at home to receive the delivery, most couriers offer the option to nominate a ‘safe place’ where the parcel can be left.

For example, you could request the parcel be left in a shed or with a neighbour. However, this comes with risks. If the parcel goes missing, the retailer may argue that the delivery was completed as agreed. In such cases, neither the seller nor the courier may be liable for the missing parcel.

To avoid such issues, consumers should carefully consider their choice of a ‘safe place’ and, where possible, arrange to receive items in person.

How to join the indy100's free WhatsApp channel

Sign up for our free Indy100 weekly newsletter

Have your say in our news democracy. Click the upvote icon at the top of the page to help raise this article through the indy100 rankings.