I returned a laptop, but the seller says the package never arrived. What do I do? DEAN DUNHAM responds

I bought a laptop online and cancelled the order within an hour, but the retailer still delivered it.

The seller arranged for it to be returned via a courier service, which collected the laptop. However, the seller says he did not receive it.

I have proof from the courier that it was delivered and I have footage from my doorbell camera of it being picked up, but the retailer still refuses to give me my money back.

A. Franks, Nottingham

Dean Dunham responds: When returning goods to a retailer, I always advise you to do two things. Firstly, you should use the retailer’s courier service, rather than arranging for the goods to be collected and returned yourself. Secondly, make sure you get proof that you handed the goods over to the courier.

Luckily, you have done both, so you are in a good position to demand a refund. The reason is that the Consumer Rights Act states that when goods are in the possession of the carrier, the risk is with the retailer.

This means that if the goods are damaged or lost during transport, it is not your problem. That is why you should never hire a courier service yourself.

Since you have clear proof that you handed the laptop over to the courier, you are now entitled to a refund. If the retailer continues to deny you one, you can file a chargeback claim if you paid with your credit or debit card.

It is important that you inform your bank or card provider that there has been a ‘breach of contract’ and that you are therefore entitled to a refund under the Consumer Rights Act, but have been refused.

Back up your claim with evidence: confirmation from the courier that they picked up the laptop and doorbell camera footage.

Another tip for returning products to a retailer. In your case, the products did not arrive, but in other cases, retailers sometimes claim that they received an empty box or that incorrect products were returned.

It is therefore also good practice to obtain evidence that you have returned the correct goods in the packaging, such as a photo of the items in the box in the presence of the courier or post office and, where possible, evidence of the weight of the box with the goods inside.

Denied flight delay compensation because pilot was sick

I made a compensation claim to an airline after my flight was delayed by 13 hours in August 2023.

However, he rejected my claim because he said the cause of the delay was that the pilot was sick.

I have heard reports that claims denied for this reason may be overturned, does this apply to me?

L. Drummond, Leicester

Dean Dunham responds: To claim delay compensation, your flight must have arrived at least three hours late at its final destination.

For cancellation to take place, it must have been made within 14 days prior to the departure date. However, in both cases, the airline may cancel the claim if the cause falls within the definition of “extraordinary circumstances.”

This basically means that such events were beyond the airline’s control and there was nothing it could do to influence or prevent the problem.

When the relevant aviation law was introduced (then known as EU261, now known as UK261 following Brexit), airlines interpreted it very broadly and therefore created a long list of issues that fall within the definition.

However, a series of higher court rulings have confirmed that some issues do indeed constitute extraordinary circumstances, while others do not.

Last week, the Supreme Court issued another ruling, this time regarding the illness of pilots and crew.

The case was brought against British Airways and as a result we now know that when a flight is delayed or cancelled due to illness of the pilot or crew, this is not considered an extraordinary circumstance and so they should be entitled to compensation.

The regulator, the Civil Aviation Authority, has now said airlines must reverse previous decisions where they rejected claims on this basis and must pay all future claims.

Unfortunately, if the courts have denied your claim for this reason, you will not be able to overturn it, as court decisions are final unless you appeal. However, at this point, you probably won’t have time to appeal.

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