Asos - Refusal of refund on damaged item

krato

After accepting the refund, if they want the money back can she settle it by sending it to them directly without them taking her to court? as an escape? Surely they'd have to prove that she damaged the dress, which they can't do...

Welshdebtor

Just had a vison:

Court: So do you have the dress you are accusing the lady of damaging?

ASOS: Errr no it now belongs to a lady in Birmingham.

Welshdebtor

krato wrote: »

After accepting the refund, if they want the money back can she settle it by sending it to them directly without them taking her to court? as an escape? Surely they'd have to prove that she damaged the dress, which they can't do...

I would say the ball in in their court for proving she is guilty, not for her to prove she is innocent.

Like I said earlier, not sure how that will pan out. Though as said already I doubt they will take it further. But I guess we can not say 100%

krato

arcon5 wrote: »

Not only that I doubt they would waste time & money going to court when they could simply sell it on to another customer

Welshdebtor wrote: »

Just had a vison:

Court: So do you have the dress you are accusing the lady of damaging?

ASOS: Errr no it now belongs to a lady in Birmingham.

:rotfl:How true!

I feel terrible just leaving it and accepting the current outcome, they shouldn't be allowed to get away with something like this. There's no way she'd go to court over it though, so I wouldn't like to chance it, even if it is a tiny chance of them taking it further, especially at the moment as she's not well due to a recent operation, hence why I'm trying to help her with this. Hm, not sure what to do!

Welshdebtor

Contact Consumer Direct via their website. I would say use your rights under DSR.

arcon5

Welshdebtor wrote: »

Plus doesn't it cost about £35 to take a case to small claims? Hardly worth it for a £30 dress. I am aware they would most probably add this £35 cost to their fees off the buyer, but still seems pointless.

Ye, don't forget it they would be claiming wholesale cost rather than retail price, so a clam of about £15 lol.

arcon5

krato wrote: »

:rotfl:How true!

I feel terrible just leaving it and accepting the current outcome, they shouldn't be allowed to get away with something like this. There's no way she'd go to court over it though, so I wouldn't like to chance it, even if it is a tiny chance of them taking it further, especially at the moment as she's not well due to a recent operation, hence why I'm trying to help her with this. Hm, not sure what to do!

I would take a judge 30 seconds to make a decision. Still doesn't mean you will get the money though.

Keep fighting your corner though, even if you don't plan on taking it further they don't know that.

wealdroam

krato wrote: »

Should I email them asking for the refund under the DSR, and see what they reply with?

Hang on... haven't you already done that?

That seven working days business is the time limit in which you can cancel the order under DSRs.
You have cancelled the order under DSRs, haven't you?
In writing? either email or letter?

Welshdebtor

wealdroam wrote: »

Hang on... haven't you already done that?

That seven working days business is the time limit in which you can cancel the order under DSRs.
You have cancelled the order under DSRs, haven't you?
In writing? either email or letter?

My understanding is the dress was returned within the 7 days required under DSR, but asos refused it and sent it back. The sister or the OP then questioned this and it was returned to asos only to be returned to the sister again.

krato

wealdroam wrote: »

Hang on... haven't you already done that?

That seven working days business is the time limit in which you can cancel the order under DSRs.
You have cancelled the order under DSRs, haven't you?
In writing? either email or letter?

The dress was returned to Asos within 7 days, the delivery note stated that if the item arrived damage to tick damaged/faulty or if you don't want the dress you have 7 days to return it under the DSR or 30 days under asos' terms. She ticked for a refund and ticked faulty, then on 23rd (still within 7 working days) in an email to asos a refund was requested once again as well as an explanation. So it's been in writing and on the form. However my sister hasn't mentioned the DSR to them as we didn't know it was valid due to the dress being damaged. But surely to claim a refund In 7 days you're not required to mention the DSR?

I've contacted consumer direct, so I'll see if they suggest anything.