Right to refund for non delivered parcel

scottishminnie

I'm looking for some advice regarding the following situation.

I placed an order with M&S (circa £120) on 21st November. Delivery was due on or before 25th November (prior to the lousy weather which began here on Nov 27th).

I chased it up on 26th Nov with M&S who wouldn't get involved and fobbed me off to DHL. Fast forward to 12th December and still no package. Now I'm well aware of the weather and the impact of that however I need the goods as some of them require to be sent as Christmas gifts. (they are all for Christmas but some need to be posted)

I contacted DHL again yesterday. I understand they now have huge backlogs but was completely taken aback when they told me it was unlikely I would receive the package before Christmas due to the backlog and the fact that my address is rural. I was informed that rural deliveries will only be attempted once all others have been cleared as the rural roads are likely to be in a worse state than the towns.

I then contacted M&S to relay this information and request a cancellation and refund so I can purchase the goods instore. They have advised that they are prepared to cancel the order however will not refund me until such times as DHL return the package to them.
Given my previous conversation with DHL that isn't going to happen anytime soon so I'm out of pocket for the forseeable future.

M&S won't budge on this and also admitted that getting DHL to return the goods to them was likely to be problematic. They also advised that I am not entitled to instruct a chargeback of my credit card as the goods are not missing.


I'm also in a similar position with Shudoo and Debenhams so have goods totalling £350 lying in warehouses at the moment.

Can anyone help here? I understand the weather has contributed to this problem but I cannot afford to have to repurchase the goods and await delivery to then have to return them and await a refund.

Thanks

Jinx

Did you use your credit card for the purchases? For everything over #100 they are jointly liable under the consumer goods act I think it is. They can refund and then pursue the original supplier. Worth a phone call Id say.

I did this when globespan went under, they refunded the money in a fortnight but they do require that you try to pursue supplier, ask for emails etc... HTH

scottishminnie

It was a credit card however M&S for some reason processed the order in 2 parts - something to do with stock levels so I have one transaction of £75 and another of about £50. I haven't tried my credit card company yet as I suspect they will refuse due to it being 2 amounts each less then £100.

derrick

You are covered under DSR,

From page 22; -
“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract."


So cancel the orders, request a refund and purchase elsewhere.


.