Consumer Rights Act 2015: Holidaymakers Urged to Pursue Chargebacks for Undelivered Currency

A customer who ordered €1,000 in holiday cash from online bureau de change TravelFX for a summer holiday never received the funds, prompting a dispute that underscores consumer rights regarding undelivered goods. The currency was dispatched via Royal Mail Special Delivery, a service that guarantees next-day delivery, tracking, and requires a signature upon receipt.

TravelFX stated that the package appeared to be undelivered within the Royal Mail network and that its policy is to not initiate a claim for a missing order until five business days have passed since dispatch. Once these five days elapsed, TravelFX inquired with Royal Mail about the missing euros. The company warned that the process could take up to 30 days and that a refund would only be issued once Royal Mail confirmed the delivery had not arrived.

The Consumer Rights Act 2015 stipulates that when a delivery goes wrong, the retailer is responsible for resolving the issue, offering a replacement or refund promptly, and no later than 30 days. The consumer in this case inquired about initiating a chargeback on the purchase made with a debit card. TravelFX cautioned against this, referencing a clause in its terms and conditions. However, consumer lawyer Dean Dunham noted that a chargeback claim for "goods not received" is generally successful if made within 120 days. He added that while banks might resist chargebacks for "quasi-cash" like currency, or if tracking shows a signed-for delivery, a claim is strong if the parcel is confirmed lost. Dunham's view is that the chargeback scheme should cover the consumer, as under Section 29 of the Consumer Rights Act 2015, goods remain at the trader's risk until they reach the customer.

Subsequently, Royal Mail insisted the package had been delivered and signed for, leading to the denial of TravelFX's reimbursement claim. TravelFX provided images: one of the customer's house and another showing a hand holding post, including a special delivery package, but with the name and address not visible. The customer stated that the signature on the delivery was not theirs and provided a copy of their driving licence to support this. Following this, the dispute reached an impasse, with the customer ceasing to respond to inquiries about the outcome.

Experts advise that if travel money firms cannot prove cash has been received by the customer, they should issue a full refund. If a firm disputes this, customers are encouraged to contact their bank, assert that the firm has not met its obligations under the Consumer Rights Act 2015, and request a chargeback.