cancelled item refused, and then redelivered

cealioak

I recently urgently needed some spare parts for some musical equipment; I duly ordered the parts and requested next day delivery (they were needed the next day or not at all).

On the expected (needed!) day of delivery, I checked about every ten minutes on the online tracking site of the courier, and when it got very late, I called the courier, and they said that the goods would not be with me until the next day. I informed them that I would have to cancel the order, and then contacted the retailer to inform them. The goods duly arrived the next day, and I refused them. Again I contacted the company and asked for a refund, they said that I would be refunded when the goods arrived back at their warehouse, I was not happy about this, but was just about acceptable.

Now almost a week later the courier delivered the items to me again, signed for by a member of the family (of course expecting it to be something else).

After contacting them, the company have sent me a returns label, but I have no time (or inclination) to take 2 hours out of my life to go to the post office to rectify their mistake. I have asked them to collect the item, no reply.

1) can anyone reassure me that they are responsible for the collection of the item?

2) Can I sue them for a refund? (I also read that I would be allowed to charge them for storage of what is ostensibly an unsolicited item). It is not a huge amount of money, but I cannot see why they should be allowed to keep my money until this is sorted out. Some idea of how to go about this, wording etc would be very useful.

Ivory_Tinkler

You need to check up on the Distance Selling Regulations for details of your rights. You don't need to sue them for a refund because you are entitled to one anyway within 30 days of advising them you wished to cancel your order.

I don't understand why it would take 2 hours to go to the post office though? Surely the queues aren't that long?

cealioak

Well I live and work out in the sticks, so I would have to take time off work to get to the post office; my nearest post office closes at 13:00 on Saturdays (I think they all do) and I play rugby on a saturday morning, so essentially it would be a major incovieniance to me to have to post it back myself, and I just feel that I should not be required to as it is their (or possibly their couriers mistake)...why should I lose pay, or my team lose tries (eye brows raised at that!!), when it is not my fault.

And they say that they won't refund me until they have the item back, and then they say it will take 5 days to process.

isplumm

cealioak wrote: »

And they say that they won't refund me until they have the item back, and then they say it will take 5 days to process.

Hi,

I think that last bit is against SOGA ... but not so sure about DSR .... do some searching to see when they have to refund ... but I can not see any other way of sending it back, but for you to visit PO ... is there anyone else who could go?

Mark

cyberbob

Ivory_Tinkler wrote: »

You need to check up on the Distance Selling Regulations for details of your rights. You don't need to sue them for a refund because you are entitled to one anyway within 30 days of advising them you wished to cancel your order.

No you have 7 days to inform them in writing (email counts) that you wish to cancel and they have to refund within 28 days

Hintza

Just get them to the PO and save yourself a lot of hassle.

Ivory_Tinkler

cyberbob wrote: »

No you have 7 days to inform them in writing (email counts) that you wish to cancel and they have to refund within 28 days

Sorry - as the OP had already informed the company of the intent to cancel I didn't think that bit was relevant but you are correct about advising them within 7 days. The company then have 30 days to make the refund.