section 75 successful, merchant threatening me

slup_2

Distance Selling Regulations.

The seller sent incorrect items. The buyer rejected said items. The seller illegally requested a £75 restocking fee. The buyer - understandably - told them where to go.

Assuming the facts are as stated, the seller is in the wrong here, and the original poster's credit card company must agree otherwise they would not have actioned the chargeback.

meer53

slup wrote: »

Distance Selling Regulations.

The seller sent incorrect items. The buyer rejected said items. The seller illegally requested a £75 restocking fee. The buyer - understandably - told them where to go.

Assuming the facts are as stated, the seller is in the wrong here, and the original poster's credit card company must agree otherwise they would not have actioned the chargeback.

I don't think we have enough facts about this scenario to decide whether the sellers request for a restocking fee was "illegal" the OP has declined to tell us what he bought.

If it was me and i had the threat of any sort of action (justified or not) from a DCA, i would return the goods as fast as i could. It's just not worth it. If i hadn't been refunded then fair enough but the OP has been refunded. There must be another reason why the seller is digging their heels in.

gnaril

bear in mind that the Mastercard/Visa/Amex chargeback scheme and is winning the money back on a tecnicality within the rules laid down by each scheme.

Distance selling doenst come into it. This is a completly seperate entity.

Long and short of it is it is really down to the merchant to collect their wrong/damaged/broken goods and ultimately it should not be down to the cardholder to cover this cost.

The merchant need to arrange a suitable time/date to collect these.

All the best OP hope its sorted soon.

lisyloo

If the OP can get the goods in his loft i can't imagine there should be much of a problem

I disagree with you here and I've had this problem myself.
How do you get heavy goods to a post office that does not have car parking within the distance you can carry the heavy item?
Do you live somewhere that there is parking right outside the post office?
We don't.

We would need two people, in order to do a quick drop off by car but have one person move the car straightaway whilst the other queues up at the post office.
This requires 2 people including 1 driver plus a vehicle.
One company made two of us take time off to return their wrongly delivered goods and we will not be using them again ever.

If you couldn't actually carry the item, were disabled, were single, didn't have a car then clearly it may impossible as opposed to "just" highly inconvenient.
Lots of disabled/elderly people do home shopping precisely because they can't get to the shops.

If I'm missing some obvious explanation about how to return heavy goods, then please let me know, but the last time we had a problem I couldn't even lift them.

meer53

lisyloo wrote: »

I disagree with you here and I've had this problem myself.
How do you get heavy goods to a post office that does not have car parking within the distance you can carry the heavy item?
Do you live somewhere that there is parking right outside the post office?
We don't.

We would need two people, in order to do a quick drop off by car but have one person move the car straightaway whilst the other queues up at the post office.
This requires 2 people including 1 driver plus a vehicle.
One company made two of us take time off to return their wrongly delivered goods and we will not be using them again ever.

If you couldn't actually carry the item, were disabled, were single, didn't have a car then clearly it may impossible as opposed to "just" highly inconvenient.
Lots of disabled/elderly people do home shopping precisely because they can't get to the shops.

If I'm missing some obvious explanation about how to return heavy goods, then please let me know, but the last time we had a problem I couldn't even lift them.

The OP hasn't told us what the goods were.

What i was saying was that if he was physically able to put them in his loft, it probably wouldn't be too difficult to get them back to the retailer. Would you put a heavy large package in your loft ? Cos i wouldn't !

There are plenty of couriers/postal services nowadays who will collect goods from your home, some of them are cheaper than Royal Mail too ! You don't always have to go to the post office.

I shop online too, some retailers offer free returns, their courier calls to collect the goods.

lisyloo

What i was saying was that if he was physically able to put them in his loft, it probably wouldn't be too difficult to get them back to the retailer.

Yes I agree we don't know of the OPs situation.
But I can certainly conceive of difficulties that you don't see to appreciate.

You don't always have to go to the post office.
I shop online too, some retailers offer free returns, their courier calls to collect the goods.

Agreed.
We are out at work all day and some couriers round our way don't work evenings/weekends (I recently arranged for one come very early whilst I was still in bed as that was the only option).
I do often get parcels collected/delivered at my office address but the heavy items are difficult as I don't usually travel by car.
You don't seem to appreciate these difficulties that some people may face.
I am out at work all day and I don't own a car.
Are you more appreciative of the issues now?

I sometimes ask for items to be delivered behind my garden gate.
Some companies will do this, others will not at their risk.
I am not sure I would want to leave items for collection outside at my own risk, if the company was at fault. Why should I?

If I am ordering something or it is my mistake then clearly the onus is on me to make arrangements.
Get up early, get a lift to work, work from home or whatever.
However if it's not your fault then why should you take risks (of theft) or re-arrrange your working hours or go to great lengths when it someone else's fault????

Perhaps you simply didn't appreciate how difficult this is for some people who have no-one at home all day?

meer53

lisyloo wrote: »

Yes I agree we don't know of the OPs situation.
But I can certainly conceive of difficulties that you don't see to appreciate.

Agreed.
We are out at work all day and some couriers round our way don't work evenings/weekends (I recently arranged for one come very early whilst I was still in bed as that was the only option).
I do often get parcels collected/delivered at my office address but the heavy items are difficult as I don't usually travel by car.
You don't seem to appreciate these difficulties that some people may face.
I am out at work all day and I don't own a car.
Are you more appreciative of the issues now?

I sometimes ask for items to be delivered behind my garden gate.
Some companies will do this, others will not at their risk.
I am not sure I would want to leave items for collection outside at my own risk, if the company was at fault. Why should I?

If I am ordering something or it is my mistake then clearly the onus is on me to make arrangements.
Get up early, get a lift to work, work from home or whatever.
However if it's not your fault then why should you take risks (of theft) or re-arrrange your working hours or go to great lengths when it someone else's fault????

Perhaps you simply didn't appreciate how difficult this is for some people who have no-one at home all day?

Of course i appreciate that some people may have difficulties in some situations.

I am also out at work all day with no-one at home but there are always options available if i need to accept a delivery of something or get something posted. I realise that retailers can't work around my life, i have to work around their ability to get things to me.

I find your post extremely patronising, on the forum you cannot assume anything about anyone, you don't know their circumstances.

What i was saying in my previous posts was that if i were in the OP's position and i was threatened with a DCA, then i would do whatever i could to get the goods back to the retailer, regardless of whose fault it was. Maybe it's just my view but that seems to me to be the most sensible thing to do. From the OP's post i understand that this is not something he is willing to do. Thats his choice.

lisyloo

but there are always options available if i need to accept a delivery of something or get something posted

There are always options open to me too, but some of them may require some inconvenience to either myself, my business/colleagues or my nice neighbours.

I realise that retailers can't work around my life, i have to work around their ability to get things to me.

Absolutely.
My point is that if it's not your fault/request then you may be prepared to have a lot less upheaval to your neighbours/colleagues/business than if it is your inclination.

I find your post extremely patronising, on the forum you cannot assume anything about anyone, you don't know their circumstances.

I am genuinely sorry if that is the way it has come across.
I can assure you there is no intention to upset anyone, simply to discuss the issue (and see whether I've missed something I can learn).
I do not think I have assumed I know anything about anyone (yourself or the OP). I have been discussing the issue in general terms.
I am sorry if my questions appear as if I assumed something.

What i was saying in my previous posts was that if i were in the OP's position and i was threatened with a DCA, then i would do whatever i could to get the goods back to the retailer, regardless of whose fault it was.

So for the sake of argument would you take a days leave to stay in at home?
Work from home and inconvenience your colleagues/business?
Inconvenince your neighbours?
Put your back out carrying the item?
Leave it outside exposed to theft?

You are fully entitled to do those things and also to express your view, but personally I would not go to those lengths if the problem was not of my making (and the law was on my side).
So I agree with the OP.
We are all entitled to our views and again I am genuinely sorry if you have found anything I have said to be expressed in a patronising manner.
I don't agree that I have been patronising or assumed anything but I apologise anyway if it's come across that way.
I don't think either of us have exposed any collection methods previously unknown to the other, so we will have to agree to disagree on this.

Factually speaking in law I believe the onus is not on the OP to arrange collection.

meer53

Thanks Lisyloo. Your comments about me not appreciating the problems some people have did come across to me as patronising, i accept your apology, we all see things in different ways don't we ?

If i were in the OP's position, i would do whatever it took to sort this out once and for all. If this meant taking time off or asking a neighbour to help me, then yes i would. I'm the sort of person who thinks life is too short to make something take longer than it should, i have much more interesting things to be getting on with !

I agree the OP is within their rights to ask the retailer to collect the goods and that really they shouldn't have to do this but if it were me, i'd want an end to it and would sort it out myself. I'm quite a laid back person but i appreciate that not everyone is like me.

slup_2

If i were in the OP's position, i would do whatever it took to sort this out once and for all. If this meant taking time off or asking a neighbour to help me, then yes i would

So you'd be happy to lose a day's income to sort out a problem that was not of your making?

I'm quite a laid back person but i appreciate that not everyone is like me.

You don't sound too laid back to me! You're panicking about DCA's (who have no legal teeth whatsoever), and proposing to run around after a retailer who at face value is in the wrong.