Toys R Us Refund Wanted!!!

Curly2010

Hello all,

I hope somebody can help me because I am getting increasing distressed over this situation........

I bought Guitar Hero 5 with guitar for PS3 from Toys R Us Direct on 28th Nov 09. It was on offer & came with another Guitar Hero game free & with delivery, it totalled to a few pence under £70.
When I came home from work on 1st Dec, there was an attempted delivery card from DHL, (my neighbours address was on the card as an alternative address & she said she had been in at the time on the card but nobody had been to her house!) with a number on to call to redeliver. Over 3 different days, I called this 0845 number numerous times & it just rang & rang & rang. So I eventually concluded that I would have to call Toys R Us Direct to let them know that I was trying to re-arrange delivery but couldnt get through.
I called Toys R Us Direct the following Monday morning. DHL dont deliver at weekends & being a very busy working single mum, I dont have alot of time to be hanging around for deliveries (the hours of delivery are 8am-9pm!!!) but I said I could adjust my diary to wait in on Thursday 10th Dec for it. She scheduled this for me & I waited in all day Thursday for them to not come!!!
I was not very happy so I emailed Toys R Us Direct. To cut a very long story & numerous emails between myself & them, they just could not keep to a delivery date. So on Friday Dec 18th, with no parcel & Christmas only a few days away, I cancelled my order as they knew it was a xmas gift & they couldnt agree to deliver before xmas.
Toys R Us were supposed to be requesting the parcel back to themselves from DHL the week before cancelled, yet they then said on the Fri that they would have to wait for DHL to send it back before they would refund me. I told them I didnt find this acceptable as it was their continuous mistakes but heard nothing so just thouht that was the end of it & I then went & bought the game elsewhere so my dad still had a xmas present.

Then on 29th Dec, a member of my family who was childminding for me as the nursery is shut over xmas, signed for a parcel for me. It was the Guitar Hero!!!!!
Without even opening the parcel, I emailed Toys R Us direct with my complaint.
I then had an email back (with all the previous emails being attached to that one) asking me what I was returning & WHY I wanted to return it!!!!

Again I arranged to stay in on Thursday Jan 14th for them to come & collect the unopened parcel for me to get my refund (this is all in email) and AGAIN NOBODY CAME!!!

I got in touch with Consumer Direct who told me my rights as Toys R Us delivered after I cancelled. So upon their advice, I sent a letter (1st class recorded), including a print out of all the emails to Toys R Us Head office, stating that I want my refund within 14 days of the date of the letter. That 14 days was the Friday just gone. I have had no contact from Toys R Us & still no refund!
I emailed Consumer Direct again on Saturday & I am just waiting for their response.

Low & behold, on checking my emails today, Toys R Us have emailed today with the following;

'Thank you for your recent letter.

Please accept my apologies for the difficulties you have reported.

I can advise you that the matter will be investigated by a senior member of staff.

However we will still need to arrange a collection of the goods, please can you advise a suitable day for collection.

I am aware that you may not be available to wait a full day for the carriers to collected your order so will also request a am or pm slot which ever may be most convenient to you.

Again apologies for any inconvenience this may have caused you.

Should you require any further assistance please do not hesitate to contact me again.

Kind regards,

***** *****
Toys R Us Direct'


What am I to do?? I have a full diary for the next 2-3 weeks & I simply cannot arrange to juggle things around AGAIN for them to not collect AGAIN.
I am getting more & more frustrated & upset about this. £70 is alot of money & I just want it back. They shouldnt have delivered it in the first place & then I have been as cooperative as possible, staying in only to be let down.
Can anybody help me? I have not yet replied to that email & with regards to it being passed to a senior member of staff...thats what they have said in every email & nobody 'senior' has been in touch. I sent the letter to Head Office addressed to the 'Complaints Manager'. It is beyond a joke now. Please help!

Thank you.

Esqui

Could the item be picked up from your place of work?

Curly2010

Not really....I work in a big Call Centre, not the friendliest of places when it comes to things like this...plus, I work funny hours, like 11.30am-8pm so 'am' is no good in case they want to pick it up at 9am & 'pm' is no good cos come 8pm everybody is off & I couldn't wait around till 9pm (if they havent been before then) as I have to collect my daughter & get her home to bed. They've already said they can't adhere to a specific time box, this is the first time theyve even offered me am or pm!
Im just so reluctant to even attempt to juggle my diary around when theyve done nothing but let me down & as I said, the next 2 - 3 weeks are very busy for me.

Esqui

Then I suppose they will just have to wait! Of course, this means it'll be longer before you get the refund, but they won't refund before collection because some people (though I'm sure not you) would take the money and run.

This is proof that it's much easier to sort a mistake out as early as possible, otherwise it becomes a bigger, and more difficult to sort, mistake. I think Toys R Us know that now!

Curly2010

Oh & actually, before I even cancelled, my mum had an annual leave day & agreed to stay in for them to deliver it to her house & when I tried to organise this, they even balls'd that up by saying they couldnt simply change the address & would have to ask DHL to send it back to them & then re-send it back out to my mums address, but even then they couldnt agree to the date that my mum had off!

Curly2010

They seem incapable of sorting anything out! Honestly if u could read the pages of emails between myself & Toys R Us, u would see why I am so damn frustrated. They have said they would do this, promised that, all in email and have stuck to nothing.
Its ok for them waiting but I want my money now. I was supposed to have been refunded 2 months ago now & its not funny anymore.
This is their mistake. They shouldnt have delivered & then I waited in on a day they arranged & they failed to come again & now theyre expecting me to just wait again?? Its not fair!

dmg24

Do you have a store nearby that you could return it to, at a time that is convenient to you? Could they collect it from your neighbours?

It is clear that they have messed up, but they are trying to sort it out now. There must be someone who is home in the daytime?

marvic31

What about using a local DHL pickup/drop off point, sometimes within WH Smith outlets, or go to one of the depots if they are close.

If i was in this situation, I would go to one of these drop off points to get rid of it, or as dmg24 said to go to the store.

Curly2010

The local store is in the city, which is about a 25 minute drive away from me. I won't mind going there at all but I called to see if I could do this, they said it would have to go through 'Direct' as that is where I bought it! Like with everybody else I have dealt with, they keep 'passing the book'.

It is very clear they messed up but they keep on messing up. Not once have I had an explanation or an apology for them wasting my time, waiting in for DHL to come & collect it again & then just not turning up. Its not one mistake, but a whole multitude of mistakes & Im absolutely fed up with it now. The fact is, it shouldnt have been delivered in the first place.

The nearest DHL pick up point is in Leicester, which is a good hours drive away from me.

No there isn't someone in during daytime. I am a single working mum. I live in an area where all my close neighbours, who I know, go to work. The only neighbour who doesn't (who kindly let me put her address down as alternative delivery in the first place) has the school run & she doesnt drive so when she goes out, she's gone for approx 1.5hours every morning & every afternoon. Toys R Us cannot give me a time.
The day I arranged with Toys R Us to wait in (again) they just didnt turn up (again).

I have been in touch with Consumer Direct now. I have just got to forward on the emails as proof that I cancelled the order & then they'll let me know where I stand from there.

Thanks to u all for trying to help me in this situation. I will let u know the outcome in due course :-)

smcaul

I would think this is covered by the Distance Selling Regulations, which as long as you have cancelled the order (normally in writing, but as they seem to have accepted your phone call as cancellation then I think you would be ok) within 7 days, beginning the day after delivery (which as you never had delivery before you cancelled you are quite easily within) then they have to refund you you within 30 days - this is regardless of the fact that they have not received the item back. You might want to call/email them again reminding them of their obligations under the DSR!!!

4743hudsonj

smcaul wrote: »

I would think this is covered by the Distance Selling Regulations, which as long as you have cancelled the order (normally in writing, but as they seem to have accepted your phone call as cancellation then I think you would be ok) within 7 days, beginning the day after delivery (which as you never had delivery before you cancelled you are quite easily within) then they have to refund you you within 30 days - this is regardless of the fact that they have not received the item back. You might want to call/email them again reminding them of their obligations under the DSR!!!

This is correct OP they cannot legally demand you to return the item before processing the refund, get back to consumer direct for more info on it and write back giving them another 14 days otherwise you will begin court proceedings.