Help Not Being Refunded

travellingaussie

bod1467 wrote: »

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

I don't know what a section 75 is but I called the card company, they went through it with me then mailed me an enquiry and I had to send back the invoices, proof of return, tracking etc so I assume yes? Is there something else I should be doing?

travellingaussie

fluffnutter wrote: »

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.

Where would I find this on a government website or something so I can try and make this point to them? They are not responding to me anyway no matter how many emails I have sent .. though after finding their facebook page I am tempted to post my proof of return and issue on their to try and get a response maybe?!

travellingaussie

The_Pedant wrote: »

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.

I will try emailing again but I am emailing nearly everyday and getting no responses maybe a post to their facebook page might prompt something ?!

(Shipping costs not an issue I didn't pay any as my order was so much in the first instance)

travellingaussie

bod1467 wrote: »

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).

Shipping not an issue in this instance but they were returned with signed proof the day after receipt in any case.

travellingaussie

arcon5 wrote: »

Ah... excellent point.

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

What would I do for chargebacks? Is this possible? Thanks