Company will not reply about my refund

chinamanlow

Hi I bought a top for £75 on the internet from a small run family business in Glasgow. It would not let me pay with paypal therefore I paid with my Visa Debit card. The top came and it was a different colour to the picture on their site. I sent it back the next day, 1st with proof of posting. I have been emailing them for the past 2 weeks, no reply. i tried finding there phone number on their page, no number, I wonder why?
I tracked them down on Facebook, they added me...when I question several of my emails not having a reply from them and why they have not refunded me, they deleted my messages and have blocked me! HELP! I have heard that the bank give a 30 days cooling off period and that I can fill out a dispute form, to claim my money back. Anyone hear of this or been through this....thanks:mad:

ColinFishwick

Do a visa card chargeback

http://whatconsumer.co.uk/visa-debit-chargeback/
http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards

chinamanlow

Thanks for that, I will have to wait 30 days..fingers crossed they get my money back.

arcon5

The bank doesn't offer a 30 day cooling off period. You have 7 days cooling off period under Distance Selling Regulations, anything other than that is down to company policy and the banks have no right to dictate a companies policies.

As mentioned above though, you can do a chargeback on a Visa debit card within 120 days of purchase. This means you can file a dispute against the transaction and simply protects you.

With regards to posting it back... proof of postage is irrelevant -- it doesn't mean they have received it and doesn't mean they will receive it. It is always recommended to fork out that extra quid or two to have it tracked and/or signed for as its proof of delivery which really counts.
If you cancel under DSRs they have to refund you within 30 days so they are doing nothing wrong -- yet.

I would also add that if they don't receive the item, they are required to still refund your money within 30 days whether they have received the return or not -- but if they decided to pursue you through the courts because they have not received the item, you will need to proof they have received it. As if it goes missing in transit you would need to pursue the courier/postal company to recover your losses. Even though they are supposed to refund within 30 days, I doubt they would if the haven't returned the item tbh.

pinkshoes

arcon5 wrote: »

As if it goes missing in transit you would need to pursue the courier/postal company to recover your losses.

And as it was only sent with proof of postage, and not special delivery, you'll only be entitled to the cost of 100 first class stamps, so about £46 I think.

Equaliser123

arcon5 wrote: »

The bank doesn't offer a 30 day cooling off period. You have 7 days cooling off period under Distance Selling Regulations, anything other than that is down to company policy and the banks have no right to dictate a companies policies.

This is confusing!! The item was delivered in breach of contract - the OP says that it was a different colour to that which was described.

DSR is therefore totally irrelevant.

OP is entitled to a refund.

arcon5

Equaliser123 wrote: »

This is confusing!! The item was delivered in breach of contract - the OP says that it was a different colour to that which was described.

DSR is therefore totally irrelevant.

OP is entitled to a refund.

Whats confusing about it?
Op said she thought the bank provided her with a 30 day cooling off period.. I was pointing out the cooling off period is infact provided under DSRs and is 7 days.

Nobodies arguing her right to a refund, whether its under DSRs or SOGA..

The rest of the post about being able to proof delivery is equally as valid, whether returned under DSRs or SOGA.

Equaliser123

arcon5 wrote: »

Whats confusing about it?
Op said she thought the bank provided her with a 30 day cooling off period.. I was pointing out the cooling off period is infact provided under DSRs and is 7 days.

Nobodies arguing her right to a refund, whether its under DSRs or SOGA..

The rest of the post about being able to proof delivery is equally as valid, whether returned under DSRs or SOGA.

It is confusing as DSR isn't the legislation to effect a return in these circumstances.

The remedies are different. DSR - seller is not obliged to refund return postage.

Thought that was pretty obvious.

arcon5

Equaliser123 wrote: »

It is confusing as DSR isn't the legislation to effect a return in these circumstances.

The remedies are different. DSR - seller is not obliged to refund return postage.

Thought that was pretty obvious.

Nobodies mentioned recovering return postage costs.

I don't get what point your trying to make.........

Irrespective of whether its being/been returned under DSRs SOGA and irrespective of who is paying postage on the return, if the company turn around and say they haven't received the item then op would need to make a claim with the relevant carrier. Proof of postage doesn't count for much. It should have been sent by registered post.

Plus, ops come here and stated its been returned as part of the "cooling off period", which makes me think the return is under DSRs.

shaun_from_Africa

Even though the SOGA is the most appropriate legislation to use to get a refund, there is nothing to stop the OP using the DSR's instead as these still apply.
If they did decide to use the DSR's, then the retailer is obligated to refund everything already paid, and is also responsible for the retirn postage costs.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=25BF071836B73865A05D7DD9C3597B86

3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.

When the goods are faulty or not as described, it doesn't really matter which option is used to obtain the refund if the original transaction was one for which the DSR's applied.

pmduk

To change the subject slightly, paying by Visa Debit was better than paypal in this case (and most others). Visa offers a great deal more help then paypal does.