Online Company threatning to charge me £700 for not returning original packaging

derrick

art1st wrote: »

Thanks to all who responded - very helpful.

The first thing I did was send a registered letter saying that I called TS Consumer Direct and quoted the Sale of Goods Act 79. They have emailed back acknowledging receipt of letter saying thay would be in touch shortly with "how best to proceed".

I have cancelled my bank card so I they wont be able to take any money from that.

Cancelling your bank card won't stop them!

art1st

Well, it might not stop them from taking action, but it will stop them from taking money from my account!

derrick

art1st wrote: »

Well, it might not stop them from taking action, but it will stop them from taking money from my account!

It won't, cancelling your card,(as with a cancelled account), will still allow them to debit your account, you will then have to contact your card company for a refund and/or tell the retailer to refund or sue them if they refuse , if you don,t believe me, call your card company and ask them.

Sponge

Did you really throw away the box to a £700 CD player the moment you opened it, then returned it (faultly or not) in a plastic bag? :rolleyes: Did you really think that asking the guy that collected it to 'look after it' would really accomplish anything? What about the dozens of other employess handling the package, did you ask them too? Sorry, but this really beggars belief. I could sort of understand it if it were a £15 toaster, but a £700 CD player?

bookworm1363 makes a very valid point regarding the use of the 2nd box, though.

Anyway, none of that really helps. :lipsrseal Faulty or not, I'd be worried that returning a £700 item to a retailer in a plastic bag would constitute taking reasonable care of it. If the leads, etc were missing, then would that not then require a claim being filed with Fed-Ex? (If you conclude it was them that lost the items.) But again, I would fear they'd argue the packaging was insufficient and reject your claim. But without looking at their T&Cs, I couldn't really say.

art1st

I will reiterate again - the item was BROKEN - I would never send an item i didnt want back to a retailer without any kind of packaging box. And yes, i do believe that when you give something to a FedEx courier they should look after it.

This is part of the shops T & C
Notwithstanding the terms of Clause 3B.4.1, (shop) shall not accept the return of any sealed audio or video recordings or computer software which has been subsequently opened by the Customer unless such items have a proven technical fault

and

on their returns policy they only talk about repackaging an "unwanted item" ie "change of mind" and mention nothing about returning faulty items in their original box

I have read reviews of people who have sent faulty electronic items back to other electronic retailers after they have had them, in a bag and have not complained as they were faulty, and have replaced or refunded.

4743hudsonj

art1st wrote: »

I will reiterate again - the item was BROKEN - I would never send an item i didnt want back to a retailer without any kind of packaging box. And yes, i do believe that when you give something to a FedEx courier they should look after it.

This is part of the shops T & C
Notwithstanding the terms of Clause 3B.4.1, (shop) shall not accept the return of any sealed audio or video recordings or computer software which has been subsequently opened by the Customer unless such items have a proven technical fault

and

on their returns policy they only talk about repackaging an "unwanted item" ie "change of mind" and mention nothing about returning faulty items in their original box

I have read reviews of people who have sent faulty electronic items back to other electronic retailers after they have had them, in a bag and have not complained as they were faulty, and have replaced or refunded.

yes but the law is that YOU must take reasonable care of the goods


right up un till they receive the goods


and like others have said, i also dont believe a bag is any were near adequate for a £700 player

what would you of thought if you had received it in a plastic bag?

ok so their claims are ludacris but you will have a very hard fight against you as you have failed to take reasonable care

art1st

Well I feel I have taken reasonable care and am not going to get into an argument with you, so lets agree to disagree.

4743hudsonj

art1st wrote: »

Well I feel I have taken reasonable care and am not going to get into an argument with you, so lets agree to disagree.

the point is that because you improperly sent the items, more faults may have occurred, that will be their stance

whilst you should not have to pay £700, you should take this on as experience and in future send things back well protected(the same or better than they send it to you)

this way you will not have this issue will you?

custardy

art1st wrote: »

Well I feel I have taken reasonable care and am not going to get into an argument with you, so lets agree to disagree.

so if the shop had sent it loose in a bag and it arrived dmaaged
would you have written your £700 off as fedex should have been more careful?

amersall

Sponge wrote: »

Did you really throw away the box to a £700 CD player the moment you opened it, then returned it (faultly or not) in a plastic bag? :rolleyes: Did you really think that asking the guy that collected it to 'look after it' would really accomplish anything? What about the dozens of other employess handling the package, did you ask them too? Sorry, but this really beggars belief. I could sort of understand it if it were a £15 toaster, but a £700 CD player?

bookworm1363 makes a very valid point regarding the use of the 2nd box, though.

Anyway, none of that really helps. :lipsrseal Faulty or not, I'd be worried that returning a £700 item to a retailer in a plastic bag would constitute taking reasonable care of it. If the leads, etc were missing, then would that not then require a claim being filed with Fed-Ex? (If you conclude it was them that lost the items.) But again, I would fear they'd argue the packaging was insufficient and reject your claim. But without looking at their T&Cs, I couldn't really say.

it was one component not the whole thing!!!