Quick questions on Consumer Rights

[Deleted User]

On Saturday I ordered a Sony TV from Amazon. Yesterday I received a message from Hermes to say it would be delivered between 15.00 & 21.00. hrs. It did not arrive. Looking on Amazon this morning they said the parcel could not be delivered, when I used the trace there was an entry saying they had tried to deliver at 16.58. I was in my sitting room with the curtains open, outside light on etc, there was no 'tried to deliver' note through the door. I then received an email this morning saying they would try to deliver today anytime up to 21.00 hours. There is a message on the front door in red asking them to ring the bell and also knock. By the way I did search round to see if they had stuck it somewhere or even lobbed it over the 6' back gate.
If it does not arrive today, can I ask for a refund, I used my credit card, as they have broken the contract  to deliver. I would add that had I known the company they were using to deliver was Hermes I would not have ordered the TV. I had an experience sending a parcel via them, they came 5 days after the pick up date, Obviously I had used a different carrier.

Aylesbury_Duck

Deleted_User said:

On Saturday I ordered a Sony TV from Amazon. Yesterday I received a message from Hermes to say it would be delivered between 15.00 & 21.00. hrs. It did not arrive. Looking on Amazon this morning they said the parcel could not be delivered, when I used the trace there was an entry saying they had tried to deliver at 16.58. I was in my sitting room with the curtains open, outside light on etc, there was no 'tried to deliver' note through the door. I then received an email this morning saying they would try to deliver today anytime up to 21.00 hours. There is a message on the front door in red asking them to ring the bell and also knock. By the way I did search round to see if they had stuck it somewhere or even lobbed it over the 6' back gate.
If it does not arrive today, can I ask for a refund, I used my credit card, as they have broken the contract  to deliver. I would add that had I known the company they were using to deliver was Hermes I would not have ordered the TV. I had an experience sending a parcel via them, they came 5 days after the pick up date, Obviously I had used a different carrier.

Don't you want it any more?  If that's the case, just cancel the order.

Have they broken the contract if they don't deliver today?  That depends on the contract.  If it was a requirement that it would definitely arrive by the end of today and that was the contract, then yes, they will have breached it IF it doesn't arrive.  But if you no longer want it, it's simpler just to cancel, surely?

Fosterdog

All couriers are incredibly busy right now with everyone panic buying online so it's probably just as simple as yesterday the driver had more to deliver than was physically possible to deliver in a single day so marked it as unable to deliver and will deliver today instead.

It was the same when we went into first lockdown back in March, I am in Wales where we are already in our second lockdown and this happened her again as soon as the lockdown was announced and is continuing, expect the same for the next month in England.

derrick

Homebase in Preston is closing down and are refusing to refund some unwanted items as per their Refunds and exchanges conditions on the reverse of the receipt.

I purchased 2 of the same items in different sizes on Wednesday 18th November 2020 with the intention of taking back the one that would be the wrong size.

Today I returned the items only to be told that  the store is closing and it is no longer Homebase, (despite signs and staff uniforms and my receipt from 18th all stating Homebase, although the receipt I have from today for different items does not have the refund policy on the reverse, it is just blank),and the only way I can get a refund is from a Homebase store, nearest one is a 45 mile round trip. The manager tells me he has a law degree and is studying for a masters, and that I am wrong despite mentioning the Consumer Rights Act

As far as I am concerned my receipt is a contract with this store and as such I am entitled to a refund as long as I comply with their T&C's, which I have done.

Any ideas as to how I can get hold of customer services or a head office number as the one I have used, 0345 0778888, cannot help with an in store purchase

Aylesbury_Duck

derrick said:

Homebase in Preston is closing down and are refusing to refund some unwanted items as per their Refunds and exchanges conditions on the reverse of the receipt.

I purchased 2 of the same items in different sizes on Wednesday 18th November 2020 with the intention of taking back the one that would be the wrong size.

Today I returned the items only to be told that  the store is closing and it is no longer Homebase, (despite signs and staff uniforms and my receipt from 18th all stating Homebase, although the receipt I have from today for different items does not have the refund policy on the reverse, it is just blank),and the only way I can get a refund is from a Homebase store, nearest one is a 45 mile round trip. The manager tells me he has a law degree and is studying for a masters, and that I am wrong despite mentioning the Consumer Rights Act

As far as I am concerned my receipt is a contract with this store and as such I am entitled to a refund as long as I comply with their T&C's, which I have done.

Any ideas as to how I can get hold of customer services or a head office number as the one I have used, 0345 0778888, cannot help with an in store purchase

You have a contract with the retailer, not the store, and it seems the two are now different.  If it is no longer Homebase, you may have to go to a Homebase store to exercise your right to a change of mind refund under Homebase's policy.

What exactly is the company you bought from today?

derrick

Aylesbury_Duck said:

derrick said:

Homebase in Preston is closing down and are refusing to refund some unwanted items as per their Refunds and exchanges conditions on the reverse of the receipt.

I purchased 2 of the same items in different sizes on Wednesday 18th November 2020 with the intention of taking back the one that would be the wrong size.

Today I returned the items only to be told that  the store is closing and it is no longer Homebase, (despite signs and staff uniforms and my receipt from 18th all stating Homebase, although the receipt I have from today for different items does not have the refund policy on the reverse, it is just blank),and the only way I can get a refund is from a Homebase store, nearest one is a 45 mile round trip. The manager tells me he has a law degree and is studying for a masters, and that I am wrong despite mentioning the Consumer Rights Act

As far as I am concerned my receipt is a contract with this store and as such I am entitled to a refund as long as I comply with their T&C's, which I have done.

Any ideas as to how I can get hold of customer services or a head office number as the one I have used, 0345 0778888, cannot help with an in store purchase

You have a contract with the retailer, not the store, and it seems the two are now different.  If it is no longer Homebase, you may have to go to a Homebase store to exercise your right to a change of mind refund under Homebase's policy.

What exactly is the company you bought from today?

Home base is printed on the front of the receipt, but the back is blank.

The receipt from Wednesday is exactly the same as today's but different products, same store address, phone number, vat number. On the rear has the "Refunds and exchanges" info on the back.

At the bottom, front there are 2 barcodes, the lower ones on both receipts are exactly the same numbers.

The name, Homebase is on the front of the store, on boards on the main road stating the closing down sale and all over the inside. The staff are wearing Homebase uniforms.

Aylesbury_Duck

Sounds like it's a toss-up between whether it's worth your while driving to the other store to get the refund, or going through a letter before action process threatening a court claim.  What's the value involved and which route do you prefer?

derrick

Aylesbury_Duck said:

Sounds like it's a toss-up between whether it's worth your while driving to the other store to get the refund, or going through a letter before action process threatening a court claim.  What's the value involved and which route do you prefer?

Value is £18.00, but is is more the principal that they should be able to get away with it.

 I think I will do a letter before action, however finding an address for HO is proving a little difficult as is a phone number for CS as I pointed out above, I have filled out an online complaint and may wait a few days to see if a response appears.

The nearest store is a round drive of about 40-45 miles and would cost about £7.00 in petrol and I do not see why I should be put through that action, as it is clear to me I have a legal contract with that store re the receipt, i.e. the retail store I paid the money to.

Fosterdog

derrick said:

Aylesbury_Duck said:

Sounds like it's a toss-up between whether it's worth your while driving to the other store to get the refund, or going through a letter before action process threatening a court claim.  What's the value involved and which route do you prefer?

Value is £18.00, but is is more the principal that they should be able to get away with it.

 I think I will do a letter before action, however finding an address for HO is proving a little difficult as is a phone number for CS as I pointed out above, I have filled out an online complaint and may wait a few days to see if a response appears.

The nearest store is a round drive of about 40-45 miles and would cost about £7.00 in petrol and I do not see why I should be put through that action, as it is clear to me I have a legal contract with that store re the receipt, i.e. the retail store I paid the money to.

Even if you sent the LBA and they agreed to refund you they can still insist that you return the goods to one of their currently operational stores, you don't get to keep the goods and get a refund. It's no secret that Homebase has been in trouble for quite a while, my three nearest stores have all closed or taken over by other companies, you just got unlucky that your nearest store was next on their list to be bumped off, they haven't done it as a personal slight against you or to deliberately deceive you.

Aylesbury_Duck

derrick said:

Aylesbury_Duck said:

Sounds like it's a toss-up between whether it's worth your while driving to the other store to get the refund, or going through a letter before action process threatening a court claim.  What's the value involved and which route do you prefer?

Value is £18.00, but is is more the principal that they should be able to get away with it.

 I think I will do a letter before action, however finding an address for HO is proving a little difficult as is a phone number for CS as I pointed out above, I have filled out an online complaint and may wait a few days to see if a response appears.

The nearest store is a round drive of about 40-45 miles and would cost about £7.00 in petrol and I do not see why I should be put through that action, as it is clear to me I have a legal contract with that store re the receipt, i.e. the retail store I paid the money to.

I agree with Fosterdog, and now I know the value, you don't really have the 'action' part of letter before action anyway. No court is going to entertain a claim for £18, so it's an empty threat.