What is a letter before action?

A letter before action (LBA) is a formal notice sent before starting court proceedings. It sets out your claim, the legal basis (e.g. Consumer Rights Act 2015, Housing Act 1988), the remedy you seek, and a deadline to respond — typically 14 days. Civil Procedure Rules require this step before most court claims, and courts take a dim view of parties who skip it.

Can I write my own legal letter?

Yes. You do not need a solicitor to write a legal letter. What matters is citing the correct legislation, stating your claim with precise dates and amounts, and giving a clear deadline. A well-drafted letter citing the right Act and section often resolves disputes without court proceedings — and costs nothing extra to send.

Does a legal letter actually work?

In many cases, yes. Most businesses, landlords, and employers respond when they receive a formally worded letter that cites specific legislation and mentions court or tribunal proceedings as the next step. It signals you know your rights and are prepared to escalate — which is often enough to get a resolution.

What UK legislation covers consumer complaints and refunds?

The Consumer Rights Act 2015 is the primary law. Section 9 requires goods to be of satisfactory quality; section 20 gives you the right to a full refund within 30 days if goods are faulty. For services, section 49 requires reasonable care and skill. For distance/online purchases, the Consumer Contracts Regulations 2013 give you a 14-day cooling-off period.

8 September 2026

Ordered Something Online That Never Arrived? Your Right to a Full Refund When a Parcel Goes Missing (UK)

You paid, you waited, and nothing came. Or the tracking cheerfully says “delivered” — but your doorstep is empty. Or the courier dumped it “in a safe place” you never agreed to, or with a neighbour three doors down who is now on holiday. When you complain, the retailer tells you to take it up with the courier, or that its records show delivery, so there is nothing it can do. That is almost always wrong. Under UK law the goods are at the retailer’s risk until they are physically in your hands, your contract is with the retailer and not the courier, and if the item does not arrive you are entitled to a redelivery or a full refund. Here is exactly what the law says and how to make them pay.

General information for the UK. Not legal advice. This covers goods bought as a consumer from a business (online, phone or mail order); private sales between individuals work differently.

Do this first: contact the retailer you bought from — not the courier — in writing (email or your account’s message centre, so there is a record). State plainly that the goods have not come into your possession, that under the Consumer Rights Act 2015 the goods remain at their risk until you receive them, and that you require redelivery or a full refund. Do not accept “contact the courier” as an answer, and do not let them park it indefinitely while they “investigate”. Keep every message.

The key rule: the loss is the retailer’s, not yours

The heart of this is section 29 of the Consumer Rights Act 2015. It says the goods remain at the trader’s risk until they come into the physical possession of the consumer (or of a person you have identified to take possession of them). In plain terms: until the parcel is actually in your hands, any loss or damage in transit is the retailer’s problem, not yours. You paid the retailer; the retailer chose and paid the courier; the risk sits with the retailer the whole way to your door.

That single section knocks out the two excuses retailers lean on most:

“Our tracking shows it was delivered.” A tracking status is the courier’s record, not proof that you received it. If the item never reached your physical possession, the risk has not passed — regardless of what the tracking says.
“It’s the courier’s fault, take it up with them.” Your contract is with the retailer, not the delivery company. It is the retailer’s job to sort it out with its courier — you should not have to chase a company you never dealt with.

The 30-day rule and your right to a refund

Alongside the risk rule, section 28 of the same Act governs when goods must arrive. Unless you agreed a specific delivery date or time, the trader must deliver without undue delay and in any event within 30 days of the order. If they miss that:

You can tell the trader to deliver within a further, reasonable period appropriate to the circumstances.
If they still fail — or if a delivery deadline was essential (for example you told them it was for a specific event, or it was obvious from the circumstances) — you can treat the contract as at an end and get a full refund for anything not delivered.

So for a parcel that simply never arrives, you have two overlapping routes to the same result: the goods were at the retailer’s risk and never reached you (s.29), and/or the retailer failed to deliver within the time the law allows (s.28). Either way the answer is redelivery or your money back.

You cannot be made to prove a negative. A retailer cannot lawfully withhold a refund on the basis that you “can’t prove” the parcel never arrived while it runs a leisurely courier investigation. You can only ever say the item is not in your possession — which is exactly what the law protects. If it suspects fraud that is a matter for the retailer and its courier to resolve between themselves; it is not a reason to leave you out of pocket.

“Left in a safe place” or with a neighbour — the crucial question is whether YOU agreed

This is where most disputes are won or lost. If a courier leaves your parcel in a bin store, behind a plant pot, in a porch, or with a neighbour without your authority, and it then goes missing, the goods never came into your physical possession — so the risk has not passed and the retailer is still liable. A driver’s decision to dump it somewhere is not the same as you receiving it.

The position shifts only if you nominated the safe place or the neighbour — for example by leaving delivery instructions or choosing a “leave with neighbour” option. In that case you identified the person or place to take possession, and the risk may pass at that point. So check what instructions were actually given: if you never authorised it, say so clearly.

The excuses that do not hold up

“Tracking shows delivered, so you can’t claim.” False — risk stays with the retailer until the goods are actually in your possession.
“Chase the courier yourself.” No — your contract is with the retailer; it must resolve it with its courier.
“No proof it didn’t arrive, no refund.” You cannot prove a negative; the retailer cannot withhold your money pending its own investigation.
“It was left in a safe place, so that’s on you.” Only if you authorised that safe place or neighbour. A courier’s unilateral decision does not transfer the risk to you.
“You’ll have to wait 30 working days for the courier claim.” Your right to a refund is against the retailer under the CRA; it is not conditional on the outcome of the retailer’s claim against its courier.

This is not the same as faulty goods or a change of mind. Goods that never arrived (ss.28–29) is a distinct issue from goods that arrived faulty (your CRA rights to reject, repair or replace), and from simply changing your mind (the 14-day cooling-off right under the Consumer Contracts Regulations 2013). Frame your complaint as non-delivery — not a fault, not a return — so the retailer cannot push you into the wrong process.

Marketplaces: make sure you chase the right seller

On a marketplace, your Consumer Rights Act claim lies against the trader you actually contracted with — and that is not always the platform. On Amazon, for instance, an item “sold by [a third-party seller]” means your contract is with that seller, whereas “sold by / dispatched by Amazon” puts Amazon in the frame. Check the “sold by” line on your order. Many large marketplaces also run their own buyer-protection guarantees for non-delivery that can be quicker than a legal argument — use them, but know your underlying CRA rights sit behind them if the guarantee is refused.

Your backups if the retailer stalls

If the retailer digs in, you have strong payment-side routes for goods you never received:

Chargeback — if you paid by debit or credit card, ask your bank to reverse the payment on the ground that the goods were not received. It works on any card and any amount, but there are time limits (typically around 120 days), so do not delay.
Section 75 of the Consumer Credit Act 1974 — if you paid by credit card and the item cost over £100 and up to £30,000, the card provider is equally liable with the retailer, so you can claim your money straight from the card company. This is a legal right, not a scheme, and is especially useful if the retailer has gone bust.

If a retailer refuses outright, you can also escalate through its complaints process, an alternative dispute resolution scheme if it belongs to one, or ultimately a small claims money claim — but a correctly-worded letter citing the risk rule usually settles it long before that.

Getting the letter right

Retailers refund far faster when the request is framed as a legal entitlement, not a plea. A strong letter does three things: it states clearly that the goods never came into your possession (and, if relevant, that any “safe place” or neighbour delivery was not authorised by you); it names the Consumer Rights Act 2015 — the goods were at the retailer’s risk until delivery (s.29) and/or were not delivered within the time allowed (s.28) — and requires a redelivery or full refund; and it sets a clear deadline before you pursue a chargeback, Section 75 claim or small claims action. Putting it in writing, correctly framed, is usually what turns “take it up with the courier” into your money back.

Generate Your Missing-Parcel Refund Letter in Seconds

WriteMyLegalLetter drafts a clear, firm letter demanding the redelivery or full refund you are owed when an order never arrives — citing the Consumer Rights Act, putting the risk back where it belongs, and ready to escalate to a chargeback or Section 75 claim if the retailer refuses. Answer a few questions and your letter is ready to send.

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General information for the UK, not legal advice. Your rights when goods are not delivered come from the Consumer Rights Act 2015, chiefly section 29 (goods remain at the trader’s risk until they come into the consumer’s physical possession) and section 28 (delivery within 30 days unless otherwise agreed, and the right to a refund if the trader fails). The Act applies across England, Wales, Scotland and Northern Ireland. Chargeback is a card-scheme process with time limits; Section 75 of the Consumer Credit Act 1974 applies to credit-card purchases over £100 and up to £30,000. Correct as at September 2026. Sources: Consumer Rights Act 2015 (legislation.gov.uk); Citizens Advice; MoneyHelper.