Do I have to prove that the dresses I bought online were never delivered? Consumer rights attorney DEAN DUNHAM answers

I ordered three dresses from online store Shein two months ago and still have not received my delivery.

Shein says the package has been delivered and has provided a GPS tracker from the courier company to prove it.

All of this proves the courier was on my street but Shein says it is enough evidence to prove delivery and has now closed my complaint. What can I do next?

Debra Harper, via email.

The Consumer Rights Act 2015 sets out the law in this area very clearly. Article 29 states that when traders send goods to consumers, the goods effectively remain in the legal possession of the trader until they come into the consumer’s ‘physical’ possession.

The only exception is where the consumer agrees that the goods are left in a ‘safe place’ or with a neighbour; or, in other words, when the consumer agrees that the goods need not be physically brought into their possession.

Thus, simply providing GPS tracking evidence is not enough, as it does not prove Section 29 compliance with the ‘physical’ possession requirement.

In my opinion, the only evidence that would meet the requirement would be a photo of the package sitting on your doorstep with your front door open, or of the goods in your hand – although I always advise against letting couriers take your photo if this Images have been known to end up in the hands of fraudsters.

You are therefore entitled to a refund or to be sent three new dresses. Your next step is to cite section 29 with the retailer and demand your refund or replacement of goods. If this doesn’t work, file a chargeback claim – if you paid with a debit or credit card.

What are my rights over the injured Jag?

I bought a 2013 Jaguar XJ Portfolio from a seller on eBay for £9,550. The car was described as having covered 80,000 miles, with good specification and a full service history.

It also detailed the specification of the car. Three days after I picked up the car it broke down and I had to be rescued by AA.

Then it turned out that the car had many engine problems and I was informed that repair is not economically feasible.

Can I claim my money back because the seller failed to inform me of any of these issues?

Steve Graham, via email.

When you buy from a private seller (as opposed to a person or entity that sells as a business), the Consumer Rights Act gives you very little protection, as the private seller has no obligation to inform you of any errors, and the item does not have to not be of sufficient quality or fit for a specific purpose.

A private seller’s only legal obligation is to ensure that any description of the goods is accurate and not misleading.

So if the seller didn’t sell the vehicle as a ‘business’ you can’t claim a refund.

However, if the seller sold the vehicle as part of a business, you can claim a refund on the grounds that they failed to disclose the issues with the car.

That’s why I advise people to be careful when purchasing from private individuals.

To better protect yourself, ask the seller lots of questions about the goods and make sure all answers are in writing.

This acts as an extension of the ‘description’ and gives you the right to sue or get your money back if the answers are found to be false.

• Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Daily Mail assumes no legal liability for answers provided.