Can I be charged for a cancelled delivery?

Xaqster

Hi all,

Last Sunday (the 18th) we bought a bike online. When we phoned up on the Thursday, to ask politely when we could expect it, we were told that it had not been dispatched, we were given a mouthful, and hung up on. We then decided to cancel the order if that was a sample of the customer service.

We sent them an e-mail cancelling the order immediately. Now things have gone a bit wrong. We received an e-mail from their cancellations department acknowledging the cancellation, but telling us that the bike had already been dispatched when we spoke to them on Thursday, and if we refused the delivery it would be processed as an emergency return and charged at £69.

Can they do this? They contend that the delivery is complete the instant that the delivery driver sets foot on my doorstep, and any charges from then on are my responsibility. I thought a delivery was regarded as complete when the item was signed for, and not before. I know that they have to refund delivery charges, but this makes refusing delivery uneconomical, and that makes a mockery of the distance selling regulations.

I talked to Consumer direct, and they stated that they cannot advise me on a potential situation, I have to let them charge me the £69 then take it up with them.

I have reported them to the OFT for one of their return conditions that is patently unfair: "Please note, it is not always possible to instantly intercept and withdraw a cancelled package from the dispatch department. In the event of an order cancellation which has subsequently been dispatched, Discount bicycles will issue a full refund on return of the goods, however liability for the return of goods always (without any exception) remains with the customer even if the goods are postmarked as having been dispatched up to 5 days after the written cancellation request." (Bold mine)

If they can do this, then as they told me on the phone, they have my money.

Can anyone help me with some advice?

Cheers
Drew

fluffnutter

Distance Selling Regulations stipulate that you have 7 days from receipt of goods to change your mind. All monies, including the delivery charge must be returned. Check out the details at the link below (you'll need to download the pdf).

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/

BigLee_24

Refuse the delivery what they are saying is a load of rubbish.... Then if they refuse to refund get your CC company to reverse the charge

Xaqster

They seem to be contending that the free delivery charge will be refunded, in line with the regulations, but the "Emergency return" charge is not covered by the regulations, and I will have to pay it. I hope that they are talking rubbish!

Xaqster

Sorry, I got it a little wrong. They claim the free delivery is a "gift", and they will refund the cost of the bike, minus the £69 "emergency return" fee...

isplumm

Xaqster wrote: »

Sorry, I got it a little wrong. They claim the free delivery is a "gift", and they will refund the cost of the bike, minus the £69 "emergency return" fee...

Hi,

Would it not be better to explain why you are cancelling - maybe they don't know about the bad customer service? Give them a chance to apologise ....

What does their t&cs say about returning goods under dsr - do you have to pay the return delivery fee?

Mark

BigLee_24

Why you are cancelling the order has no relevance as the order is covered by the DSR and can be cancelled within 7 days for a FULL refund... if the delivery is a gift then bonus but it still makes no difference to your legal rights.... :cool:

Xaqster

isplumm wrote: »

Hi,

Would it not be better to explain why you are cancelling - maybe they don't know about the bad customer service? Give them a chance to apologise ....

What does their t&cs say about returning goods under dsr - do you have to pay the return delivery fee?

Mark

We did explain why we were cancelling, and they told us that their agents would not speak to us like that. We were told we were mistaken.

Under their T & C, we do have to pay the return fee, but I was convinced that this is not a return fee.

This has now all become moot, as I have just been told that a neighbour has accepted delivery for me! I can't afford to return it, so we are now stuck with a bike from a company with very poor customer service. I just hope nothing goes wrong with it...

Thank you to everyone who has commented on this thread.

pcombo

If the bike is decent then just keep it. After all you did want the bike in the first place.

Dont just cancel because customer service is abit off.

wealdroam

If you don't want to keep it, you do not have to use the seller's return service.

Get your own courier to return it... must be less than £69.

Make sure it is insured though.

isplumm

Xaqster wrote: »

We did explain why we were cancelling, and they told us that their agents would not speak to us like that. We were told we were mistaken.

Under their T & C, we do have to pay the return fee, but I was convinced that this is not a return fee.

This has now all become moot, as I have just been told that a neighbour has accepted delivery for me! I can't afford to return it, so we are now stuck with a bike from a company with very poor customer service. I just hope nothing goes wrong with it...

Thank you to everyone who has commented on this thread.

Hi,

Make sure they don't try to charge you the £69 .... I would also name & shame company on here ...

Mark