According to tracking my package was never shipped by LV, but they won’t refund me

[LaitauChocolat]

It’s been 7 weeks since my package was supposed to arrive but LV says they can’t refund me until UPS approves their claim.

However, according to tracking it has always been stuck on label created, UPS has not received the package yet. So UPS is denying the claims on the basis that it was never in their possession to begin with.

The customer service reps keep telling me they cannot issue a refund or reship until the claim is approved even though it is evident based on the tracking that my package was never delivered. I keep getting told to wait for the claim to be reopened and no other solutions are being provided.

I’ve politely questioned many times why I can’t get refunded or reshipped regardless of the claim since it’s obvious based on tracking that my order was never delivered but they say they cannot do anything without an approved claim.

I’m at a loss of what to do. It will be 2 months of waiting next week and the item I ordered isn’t even in stock anymore since it’s been discontinued.

I’d open a chargeback with my credit card but I’m afraid of being banned or having my account flagged and having trouble getting service in the future with repairs or order issues.

 

[jellyv]

Work with LV and get them to trace exactly what happened after you paid, with specifics, and also actual information on their claim process with UPS, and what they've been advised is the normal schedule for it to be resolved with UPS. Have you asked LV for a paper trail on the claim? And what they know to be the timeline for a UPS claim to be approved? Dates of these actions are important. The fact that UPS is wrong and doesn't show delivery is not conclusive for you and doesn't necessarily work in your favor: LV could just as easily state that you did get the delivery but that UPS's site was in error. In fact, some buyer scams do work that way, taking advantage of faults in online tracking.

If you were to do a chargeback, a credit card company would also need a timeline with proof of how LV has balked or failed you. You need facts, in short, of how the breakdown happened. UPS not updating is not going to be sufficient.

 

[LaitauChocolat]

Work with LV and get them to trace exactly what happened after you paid, with specifics, and also actual information on their claim process with UPS, and what they've been advised is the normal schedule for it to be resolved with UPS. Have you asked LV for a paper trail on the claim? And what they know to be the timeline for a UPS claim to be approved? Dates of these actions are important. The fact that UPS is wrong and doesn't show delivery is not conclusive for you and doesn't necessarily work in your favor: LV could just as easily state that you did get the delivery but that UPS's site was in error. In fact, some buyer scams do work that way, taking advantage of faults in online tracking.

If you were to do a chargeback, a credit card company would also need a timeline with proof of how LV has balked or failed you. You need facts, in short, of how the breakdown happened. UPS not updating is not going to be sufficient.

Thanks for your advice. I’ve been trying to work with them for the duration of the 2 months but it all just comes down to them saying the claim must be approved and UPS saying the shipper never handed over the package. UPS says that it’s unlikely for the tracking to have never scanned at least once if it were on the way to me.

I understand they must follow protocol to reduce scams but this is by far the cheapest thing I’ve ever bought (under $300) and I have a very extensive purchase history with them spanning two decades including 3 fine jewelry purchases in the last year and never had an issue.

 

[adlgel]

This is odd to me. LV's beef is with UPS You didn't receive a package from them - the shipper's system indicates you didn't receive a package. LV should refund you while they separately deal with UPS if they feel they have a viable claim with them to have UPS then refund LV (or however that would work, not sure what terms of service LV or any retailer has with their shipper).

 

[Fancypantsbags]

It is probably time to just do the chargeback. This is unacceptable and I personally would not allow a company to keep both my money and the product. Shame on them.

 

[southlake01]

If you were to do a chargeback, a credit card company would also need a timeline with proof of how LV has balked or failed you. You need facts, in short, of how the breakdown happened. UPS not updating is not going to be sufficient.

This is wholly incorrect. It is the responsibility of the seller / merchant to prove delivery. It is not on the buyer to prove they haven't received something. You can't prove a negative.

I have filed chargebacks a few times for items not received and I have ALWAYS received a refund from my Visa company. Because the tracking shows I didn't receive it, and the merchant can't prove that I did.

OP - Agree with pp - after two months, it's time to finally file a chargeback. It is unacceptable for LV to keep your money and the item for this length of time. They are a large, worldwide company. They can afford to refund you while they work this out with the 3rd party shipper that they chose to use.

 

[Peridot_Paradise]

It sounds like LV is operating under tender of delivery law at this point I would just do a chargeback

 

[jellyv]

I have filed chargebacks a few times for items not received and I have ALWAYS received a refund from my Visa company. Because the tracking shows I didn't receive it, and the merchant can't prove that I did.

This corroborates, not contradicts, what I said above. Tracking shows not received, but this is not sufficient: the merchant also is responsible for accounting for their actions. No different from what I suggested OP get from LV.

I've also filed chargebacks successfully. The amount of info a customer must provide, versus what gets pursued by the CC company, probably differs by card. And I agree it's time for a chargeback.

 

[southlake01]

This corroborates, not contradicts, what I said above. Tracking shows not received, but this is not sufficient: the merchant also is responsible for accounting for their actions. No different from what I suggested OP get from LV.

I've also filed chargebacks successfully. The amount of info a customer must provide, versus what gets pursued by the CC company, probably differs by card. And I agree it's time for a chargeback.

My post does not corroborate what you said.

You said, "If you were to do a chargeback, a credit card company would also need a timeline with proof of how LV has balked or failed you. You need facts, in short, of how the breakdown happened. UPS not updating is not going to be sufficient."

OP does not need to provide a "timeline" of "how the breakdown happened." She only needs to be provide the tracking # that LV gave her that shows she didn't receive it. That's it. That's all that she needs to provide.

"UPS not updating is not going to be sufficient." - Yes it is. I've received refunds on "Items Not Received" chargebacks by providing tracking numbers that show I didn't receive it. So your statement is incorrect.

OP's package is stuck on "Label Created" because LV never gave the package to UPS. UPS is correct in stating that they never received it.

 

[southlake01]

@LaitauChocolat ,

Random story. I had this happen with Nordstrom once, few months back actually. I ordered a pair of shoes online. 3 weeks went by before I realized I never received them. I checked tracking and it just said "Label Created" with no further movement via UPS.

I called Nordstrom and they said, "We refunded your card already, two weeks ago." But I had no refund on my card. It was very bizarre. After some back and forth with Nordstrom's 800# customer service and the store that fulfilled my order, I filed a chargeback on my Nordstrom Visa. Nordstrom's Fraud Dept got involved and ended up reviewing security footage in the store that was supposed to fulfill my online order.

It turns out that another customer and I ordered the exact same pair of shoes online, within 5 minutes of each other, and my shoes got put into her box. She was shipped both pairs. She was local and she came into the store (in person) and returned both pairs. They had her on camera. The Nordstrom employee refunded her card for my pair of shoes, because she had them with her. The Fraud Dept ended up reversing her erroneous credit and transferring the refund back to my card.

Totally wild (and a bit shady on the part of the other customer). Anyway, UPS's tracking was accurate when it stopped at "Label Created" - they had never received my package.

 

[boyoverboard]

Absolutely agree that you should not wait any longer, and do a chargeback. I wouldn't be concerned about being banned. That would be completely stupid of them. I feel like I would probably be disinclined to buy from them again anyway if this was happening to me.

 

[Aprilshack]

If they ban you, so be it. The way you have been treated is disgraceful. Take your money elsewhere & buy off the second hand market for your LV.

 

[Aprilshack]

Oh by the way for anyone in the uk if this happens to you. In uk law the contract of delivery of goods is between the online store & the firm chosen to deliver your goods. If anything goes wrong it is between those two parties to fix the situation, more so on the retailer so if either says for you to sort it out with store or delivery partner tell them that’s not the law here.

 

[Moxisox]

I would do a chargeback. It’s been 2 months. And unless they’ve given you the feeling they’re actively working to resolve the issue, they’re just going to keep dragging it out.