Help Not Being Refunded

travellingaussie

I bought some clothes online through www.promod.co.uk. I received them and the next day returned those I did not want - this is fine by their returns policy.

UPS collected the goods and signed a returns certificate to prove they had been collected.

I waited a week and as the refunds had not being processed I checked the parcel tracking and they were out for delivery to the merchant approx a week prior. Then the tracking ended. I contacted the merchant on several occasions inquiring as the where the refunds were with no response.

I contacted UPS who raised an issue and also tried to contact promod as it appeared from their end that the parcels were out to be delivered and then have disappeared. They contacted promod to get them to raise a concern where then promod would get their money and I should be refunded. Promod have not responded to UPS.

I tried again several times unsuccessfully to get a response from promod finally weeks later receiving and email telling me that they would provide the refunds the next week, the week passed and still nothing.

I wrote again and again and again most times without response one time with them telling me they have to receive the returns to process the refunds.

I replied why have they not got in touch with UPS why have they not raised the lost parcels to them as I have immediately I returned them I have UPS signed proof and tracking that this occurred and that the parcels were if lost in UPS hands and that they were returned well within the returns period.

I paid for these on credit card and am incurring interest, over a month has passed and it is several hundred pounds which I cannot afford. I notified my credit card company but the items although equating to hundreds are individually smaller amounts so I am still waiting to hear but getting panicky. I have contacted UPS again and still they are waiting on promod. Promod have not responded to any more emails / enquires since.

What are my options where else can I go or who can I write to to try and resolve this I have all the paperwork showing the returns and tracking.

Any help?!

arcon5

Relax firstly.

What date did you return the items/cancel part of the order? A retailer can take upto 28 days to refund.

Fortunately you paid by CC so they will sort it out -- just takes a little bit of time.

travellingaussie

arcon5 wrote: »

Relax firstly.

What date did you return the items/cancel part of the order? A retailer can take upto 28 days to refund.

Fortunately you paid by CC so they will sort it out -- just takes a little bit of time.

Hi,

I sent them on the 5th August so just on a month now, but the tracking shows they were out for delivery to the merchant on the 9th and usually the refund comes pretty quickly, certainly within a week from this company. The worrying thing is that they weren't responding to my enquiries until just a week ago and first they said they were going to refund and then they didn't and when I queried that they said they couldn't until they received the goods! Which was the issue in the first instance that they appear to have gone missing while out for delivery at their end.

I just got off the phone again to UPS who are going to try again and contact the company but they said they managed to get in touch with the company and the person they spoke to told them there was no issue with the parcels! So UPS can't raise a tracer on them even if they have clearly gone missing and UPS can only refund to the company not me as the initial shipment was from the company so until they raise something to UPS which they haven't done nothing can happen. I don't understand why they aren't immediately contacting UPS themselves for a lost shipment.

Will they sort it out the credit card people? I was worried that they might not as the individual items are for under £100 each they just all add up to several hundreds (which is why I am so panicky after a whole month with nothing!)

Thanks for the reply.

arcon5

It doesn't matter if you spend £1 or £1000 on your Credit Card, if the order is worth more than £100 then they are equally liable. For example, if you buy a car a pay as little as a tenner on the CC then the dealer went bust before you got the car then you would be covered by the cc company.

A retailer must refund within 28 days of you cancelling -- not receiving the goods, so technically even if you haven't returned the goods they would still have to refund you (although I doubt they would, but that's not the issue here). So if you cancelled on the 5th you should have received a refund at this time.

You don't have a contract with UPS, the retailer does (as they booked the couerier and sent you a label yes?) so don't telephone them again -- let the courier and the retailer fight that out, it's not your problem so don't worry about that.

You have done everything required of you and returned the goods -- now you know the CC will deal with this and cover you it is just a matter of waiting. It can take a little while to sort out as they need to investigate it themselves (naturally).

If I was you, I would forget about it for a little while and await for the CC company to contact you.

Don't forget to keep us all updated.

bod1467

Has the OP even raised a section 75 claim yet on the CC company? (Hard to tell from the posts).

fluffnutter

Incidentally, there's a bit of a loophole in the DSR: they don't have to be in receipt of the returned goods to refund you. Once you've advised them by durable medium and within 7 working days of receiving the goods that you don't want them, they have 30 days to refund you. This liability exists, whether you've returned the goods or not during this period. If you don't (or you return them damaged) they have to pursue a breach of contract claim against you. This is separate to their obligation to refund you, and they must not use non-receipt of returned goods as a reason to withhold your money.

shaun_from_Africa

I don't want to drop a spanner in the works, but this:

It doesn't matter if you spend £1 or £1000 on your Credit Card, if the order is worth more than £100 then they are equally liable.

isn't technically correct.
For S75 to apply the price of the individual goods must exceed £100 and not simply the value of the order.

From the CCA.

so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than URL="http://www.legislation.gov.uk/ukpga/1974/39/section/75#commentary-c243124"][COLOR=#0000ff]F3[/COLOR][/URL]£30,000][[URL="http://www.legislation.gov.uk/ukpga/1974/39/section/75#commentary-c2096902"][COLOR=#0000ff]F4[/COLOR][/URL], or[/QUOTE

Even if the total order exceeds £100, credit card issuers can refuse to pay out due to the single item price being below the minimum limit, although most, if not all will proceed with the claim.
If you buy a multiple of an item that is supplied as one unit (such as a case of wine) this would be covered if it was advertised as 1 item.

The_Pedant

A retailer must refund within 28 days of you cancelling

It's 30 days, starting with the day that notification to cancel was given.
Providing a refund is then considered to be an independent matter to that of getting the goods back (see the OFT guide to businesses: http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf, section 3.46 & 3.64).

Either way, you are due a refund after 30 days & the failure to receive the goods appears to be down to them or their chosen delivery service.
I would probably initially try one last email. Point out
- the date the cancellation request was sent
- the date the goods were sent
- you have a proof of posting from UPS
- you expected a refund within 30 days of the cancellation date, in line with their obligations under the Consumer Protection (Distance Selling) Regulations 2000.
- the failure by them to properly receive/process the return from their carrier is irrelevant for the purposes of the refund.

Just to give them one last chance to give a refund.
If they're not playing ball then it may be worth contacting your card issuer for advice - see if that can give them a nudge.

See if that gets any response first.

As a side issue, I noted that their terms & conditions state that the original delivery costs cannot be reimbursed. I believe this is inconsistent with their obligations under the distance selling regulations (see section 3.48 of the above guide). They may state stat you have to pay for the cost of a return, but should refund the cost of delivery... you are getting a free UPS return though.

bod1467

The_Pedant wrote: »

As a side issue, I noted that their terms & conditions state that the original delivery costs cannot be reimbursed. I believe this is inconsistent with their obligations under the distance selling regulations (see section 3.48 of the above guide).

Provided that the goods were rejected under the DSR within 7 days. If not within 7 days (N/A in this case) OR not explicitly rejected under DSR then the seller does not have to refund the initial delivery charge. (Unless they have no mention of this in their T&Cs, but this is N/A in this case as they do).

arcon5

shaun_from_Africa wrote: »

I don't want to drop a spanner in the works, but this:

isn't technically correct.
For S75 to apply the price of the individual goods must exceed £100 and not simply the value of the order.

From the CCA.
]

Even if the total order exceeds £100, credit card issuers can refuse to pay out due to the single item price being below the minimum limit, although most, if not all will proceed with the claim.
If you buy a multiple of an item that is supplied as one unit (such as a case of wine) this would be covered if it was advertised as 1 item.

Ah... excellent point.

If they refused a section 75 claim, would op be able to file a chargeback perhaps based on each item returned?

travellingaussie

arcon5 wrote: »

It doesn't matter if you spend £1 or £1000 on your Credit Card, if the order is worth more than £100 then they are equally liable. For example, if you buy a car a pay as little as a tenner on the CC then the dealer went bust before you got the car then you would be covered by the cc company.

A retailer must refund within 28 days of you cancelling -- not receiving the goods, so technically even if you haven't returned the goods they would still have to refund you (although I doubt they would, but that's not the issue here). So if you cancelled on the 5th you should have received a refund at this time.

You don't have a contract with UPS, the retailer does (as they booked the couerier and sent you a label yes?) so don't telephone them again -- let the courier and the retailer fight that out, it's not your problem so don't worry about that.

You have done everything required of you and returned the goods -- now you know the CC will deal with this and cover you it is just a matter of waiting. It can take a little while to sort out as they need to investigate it themselves (naturally).

If I was you, I would forget about it for a little while and await for the CC company to contact you.

Don't forget to keep us all updated.

Thanks, I thought it was the item that had to be over £100 for coverage, I've never had this happen before so am a bit panicky is £260 worth of goods!

Have emailed again twice to supplier with no response, they are really poor at this.

UPS called me back and have now put the tracer on, because of my insistance but still will do me no good as they can only pay out to the supplier not me (probably why the supplier not bothered as they just have to refund it to me so is nothing for their pockets).

Should definately have been refunded by now the signed proof of return and the tracking shows quite throughly that I have returned the parcels and that they went out for delivery at their end and then dissappeared.

I'm just worried as its been over a month now and nothing and with promod barely responding and not doing anything its so much money I'm bit panicky.

(When I talked to UPS yesterday they said they finally managed to get in touch with someone at promod who told them there was no issue with those packages!! Hence they didn't put a tracer on it etc, I can't believe this company, but UPS are going to get in touch again - I wonder if they actually did receive the parcels then and have them in this case, why are they not contacting UPS and sorting it as soon as I reported it to them a month ago?! Is a bit wierd!)