absolutebeds.co.uk [TEXT DELETED]

cacaolat

On the 13th of January I ordered a quality cot mattress costing £ 145 from the website absolutebeds.co.uk.
The mattress arrived on the 1. of February, but as we have changed our mind I returned on the same day it in its original unopened box to the seller. The seller would only accept the return if I sign a hand written paper containing the companys unfair terms and conditions. I protested and refered to the Distance Selling Regulations, but I had to sign the paper as I did not want to take the mattress back with me.
The company retained £35.00 administration fee plus £5.37 Bank/cc charges plus £15.00 courier cost, which reduced my refund to £ 89.63.
I have written 2 emails and one recorded letter to request the remaining £ 55.37 but all I got was a reply in which the manager of the company describes me returning the goods as "my caprices".

jimkenyon

Tell them that you will report them to trading standards and if they dont refund you will take them to the small claims court.

cacaolat

Hi Jimk...
I have already done that. I have given them 7 days via email, then a further 3 days, today I sent the recorded letter giving them a further 7 days before I go to court.

The_Pedant

I have just had a glance over their Retuns policy and could see no mention of the buyer being responsible for the cost of the original postage.

The Consumer Protection (Distance Selling) Regulations 2000 obliges them to return the cost of any monies paid (including the cost of delivery). The OFT has since issued further Guidance for buisinesses on the DSR. Section 3.55 of that document clarifies that no administration or restocking fees are deemed to be allowable.

Before proceeding down the small claims route, I would wish to confirm the position with that interpretation of the regulations. Trading Standards, or Consumer Direct would be a start if you have not already. I think this is still relatively new legislation & has not been exhaustively tested in the courts yet, or at least not as much as older legislation (although not being a legal bod I could not say for sure)

Take a print out of their terms & conditions (especially the returns policy) if you wish to proceed further, for incontrovertible proof of their terms. I would contest that anything signed in store was effectively under duress and therefore totally unenforceable (no to mention they are trying to get you to give up your statutory rights).

jdturk

can I just point out that if you are ever asked to sign for something that you disagree with you should always write 'Signed under protest' above your signature, this way if you goto court and they try and defend it they can hardly show your signature as agreeing to the terms as having those words blatently show you didn't agree with the terms

Tim_Deegan

jdturk wrote: »

can I just point out that if you are ever asked to sign for something that you disagree with you should always write 'Signed under protest' above your signature, this way if you goto court and they try and defend it they can hardly show your signature as agreeing to the terms as having those words blatently show you didn't agree with the terms

It doesn't matter if you do sign it if they are breaking distance selling regs. All they are allowed to do is charge you return postage.

cyberbob

Tim_Deegan wrote: »

I All they are allowed to do is charge you return postage.

Only if its stated in there T&Cs beforehand

cacaolat

I have already spoken to Consumer Direct, they say that I am clearly entitled to a full refund.
The product came with free delivery and as I have returned it to the seller in person there should certainly be no delivery charge.
I had to spend 1 hour in the shop discussing with the manager. He said that the delivery charge taken off my refund is to send the mattress back to the manufacturer.
If I would not have signed the piece of paper he said he is not going to accept the return.

Consumer Direct said they would be reporting this to Trading Standards, but I have not heard from them, maybe I should contact them as well.

cacaolat

Thank you The Pedant your details are very helpful. In fact the manager said before I signed that, if he is proven wrong later he will give me a full refund.
After my enquiries with Consumer Direct I did write to him saying the he has been proven wrong as the Distance Selling Regulations would apply. But he just replied: "Unless we are proved wrong and unreasonable or done anything unlawfull we consider the matter finalised.
Our terms and conditions are very clear.
You should not expect your “caprices”and their consequences to be paid by us!"
Maybe before I apply to court, I could try to get the proof to him in more detail

Optimist

Stop messing about, they are obviously trying to wear you down. Write a short letter before action giving the very basic details asking for your money, you don't want a debate.

Give them 7 days to repay your money then if they haven't done so raise a claim against them.

If they were silly enough to contest it and from the details you have given I doubt the judge would have any sympathy with them.

Ivory_Tinkler

cacaolat wrote: »

I have already spoken to Consumer Direct, they say that I am clearly entitled to a full refund.
The product came with free delivery and as I have returned it to the seller in person there should certainly be no delivery charge.
I had to spend 1 hour in the shop discussing with the manager. He said that the delivery charge taken off my refund is to send the mattress back to the manufacturer.
If I would not have signed the piece of paper he said he is not going to accept the return.

Consumer Direct said they would be reporting this to Trading Standards, but I have not heard from them, maybe I should contact them as well.

Why did you go to the shop when you ordered this online? I think there are a few exceptions to DSR's if the goods are viewed in a shop and then ordered at distance although how the company could prove this point I don't really know.