Paid for a sofa, a bike, anything — and it never turned up You can usually claim the money back
If a retailer took your payment and the goods never arrived — or the seller says it was "delivered" when it wasn't — you can usually take them to the small claims court for a refund of what you paid, including delivery. JustClaim prepares the paperwork for you, so you're not stuck writing legal letters on your own.
Courts may award simple interest on money you are owed — commonly 8% a year under the County Courts Act 1984, at the court's discretion rather than automatically — usually running from the date the money fell due. Court fees are typically added to a successful claim.
These are the kinds of things people tell us when an online order goes missing.
The sorts of things people tell us about this kind of dispute. 5 cases like it have come to us.
Your legal rights where online goods never arrived
For consumer online purchases in England and Wales, delivery is usually part of the trader’s contractual obligations. If paid-for goods never arrive, courts may look at the agreed delivery terms, whether the Consumer Rights Act 2015 applies, who bore the delivery risk, and what loss was caused.
ActConsumer Rights Act 2015, s.28Goods must usually be delivered within the agreed time, or within 30 days if no time was agreed.
Where a trader supplies goods to a consumer, section 28 usually requires delivery within the time agreed between the parties. If no time or period was agreed, delivery must typically be without undue delay and in any event not more than 30 days after the contract was made. If the trader does not deliver within the required time, the consumer may in some circumstances be entitled to treat the contract as at an end and seek repayment, depending on the facts.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.29Goods usually remain at the trader’s risk until the consumer receives them.
For consumer goods, risk usually remains with the trader until the goods come into the physical possession of the consumer or a person identified by the consumer to take possession. If a parcel was lost before that point, the trader may find it harder to rely on dispatch alone. Different considerations may arise if the consumer arranged their own carrier and that carrier was not offered by the trader.
Read it on legislation.gov.uk ↗Case lawContract law — breach of contractFailing to deliver paid-for goods may amount to breach of contract.
An online purchase will typically be analysed as a contract between the consumer and the trader. If the consumer paid and the trader did not provide the goods, a court may find that the trader failed to perform a central promise. The court may then consider remedies aimed at addressing the loss caused by that failure.
Case lawContract law — remedies aim to compensate lossContract damages usually aim to put the buyer in the expected position.
In a non-delivery dispute, courts generally look at what financial loss flowed from the trader’s failure to deliver. That may include the purchase price, and in some cases a difference in cost if equivalent goods had to be bought elsewhere. Any claimed loss would typically need to be evidenced and shown to be reasonably foreseeable.
ActCounty Courts Act 1984, s.69A court may award discretionary interest on some money claims.
Where a claim is for money, a County Court may have discretion to award simple interest under this section. In small-claims cases, interest is not automatic and the court may consider the circumstances, dates, and amount claimed. This can sometimes be relevant where a trader has kept payment after goods were not delivered.
Read it on legislation.gov.uk ↗This is general legal information for England and Wales and is not advice.
What the seller says, and what usually helps
A tracking status saying "delivered" is not proof it reached you. Courts typically look at whether the seller can show evidence of delivery to your address — a signature, a photo, GPS matched to your door. If they can't produce that, "the system says so" usually isn't enough on its own.
A promised refund that never lands isn't the same as being paid back. If money hasn't actually reached your account, that's usually still an unresolved claim, whatever the seller's customer service says.
Chargeback and Section 75 routes can sometimes help, but they're not the only option and they don't always cover the full amount, including delivery costs. Going through the small claims court is often still available even if you didn't use a credit card.
An order confirmation email, payment record, and any delivery date they gave you in writing usually count as evidence of the agreement. Courts generally accept this kind of paper trail even without a formal signed contract.
Three steps, no solicitor
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask.
A formal demand
A letter before action with a deadline, setting out what is owed and why. Many disputes end here.
Court claim, prepared
If they will not engage: a small claim drafted, checked and filed. We do the paperwork; the decision is the court’s.
What JustClaim is: we prepare and file the paperwork for your claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed — what you get is the strongest honest version of your case, properly made.
Questions people in this exact spot ask
The retailer says my order was delivered but I never got it. What can I do?
You can usually ask the seller for evidence of delivery, such as a signature or photo. If they can't provide it, this is often treated as goods not delivered, and you can typically pursue a refund through the small claims court if they won't resolve it directly.
I paid for a sofa online and it just never came. Is it too late to do anything?
Not usually. As long as you haven't let too much time pass, you can generally still make a claim for the amount you paid, including delivery, if the goods were never supplied. It's worth checking how long ago the payment was made, as there are time limits on bringing a claim.
Do I need a written contract to make a claim?
No — an order confirmation, receipt, or email showing what was ordered and paid for is usually enough. Courts typically accept this kind of evidence alongside any messages about delivery dates or cancellation.
The seller offered a partial refund but not the delivery cost. Can I still claim the rest?
Often yes. If you paid for shipping on goods that never arrived, that cost is usually part of what you're owed, not just the price of the item itself.
What if the company has gone quiet and stopped replying?
This is common, and it doesn't usually stop you making a claim. Courts generally allow a claim to proceed even if the other side doesn't engage, as long as you can show you tried to contact them first.
Still waiting for something that never came?
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