Xile Clothing - Refusing to refund delivery charge

metastatic

I recently ordered online some items of clothing from Xile Clothing who are based in Edinburgh.

All items were unsuitable and were promptly returned.

I have received a full refund minus the delivery charge (standard delivery charge of £5). I phoned Xile Clothing regarding the non-refund of the delivery charge. Their response was that I was not entitled to a refund on the delivery charge because they outline the delivery costs in the FAQ and therefore they are exempt from the DSR with respect to delivery charges.

Judging from the posts on this forum this is clearly incorrect. How should I proceed in claiming money owed? Would you agree that this is the best method?

1. Send an email or letter advising xile clothing that if the money owed is not received within 14 days then I will not hesitate to issue proceeding in the small claims court
2. No refund then issue proceedings in the small claims court.

I guess an alternative option would be to contact trading standards.

It may only be £5 but it's the principle that counts.

mo786uk

They only HAVE to refund you the delivery cost of sending the item to you - I presume this is what you mean?

They don;t have to refund your expenditure in sending the item back.

If they are not refunding the delivery to you send them a link to the OFT Distance Selling Regulations outlining why they are not complying with the law.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

metastatic

mo786uk wrote: »

They only HAVE to refund you the delivery cost of sending the item to you - I presume this is what you mean?

They don;t have to refund your expenditure in sending the item back.

If they are not refunding the delivery to you send them a link to the OFT Distance Selling Regulations outlining why they are not complying with the law.

Absolutely. They are refusing to refund the delivery charge to send the items to me.

I actually read that document earlier today. Page 25 relates to my issue.

mo786uk

metastatic wrote: »

Absolutely. They are refusing to refund the delivery charge to send the items to me.

I actually read that document earlier today. Page 25 relates to my issue.

just send them a link to that saying if the dont comply you will report them to TS for denying consumers their rights - which can be a criminal offence in itself.

metastatic

Thanks. I've just sent the email. I'll let you know how things progress...

metastatic

No response to my email so I have spoke to Consumer Direct who have passed on my case to Trading Standards.

Consumer direct also advised me to send a letter via recorded delivery using one of the template letters on their site

metastatic

Just discovered that Xile Clothing refunded the £5 delivery charge the day after receiving my email. No email sent advising though.

Thanks mo786uk

halibut2209

I guess court will have to wait for another day

metastatic

halibut2209 wrote: »

I guess court will have to wait for another day

Thankfully! They're based in Scotland so I would not have been able to use Her Majesty's Courts Service Money Claim Online (MCOL).