Rights When An Order is Cancelled But Delivered Anyway

Spoiltlove

Hello,

I was wondering if someone could give me a bit of advice?

I purchased something through Groupon back in November 2011, and the estimated delivery date was the 52nd week - Christmas week.

I received an email from the company on the 6th of January to say that they were overwhelmed by the response from the Groupon campaign and that the delivery dates were being extended. Mine was now the end of January.

Next, I received an email from Groupon on the 24th of January to say that my product was due to arrive no later than the 24th of February. By this point, I was fed up with waiting - bearing in mind I'd already paid the company £25 for delivery as well as my money so I responded to Groupon to say that I wanted to cancel my order.

Groupon responded quickly to say they'd cancelled the order for me and notified the company, they told me I needed to get in touch with the company to request a refund, which I did. I received an automatic response from the company to say they'd be in touch within 2 working days.

That email was sent on the 31st of January 2012. It is now the 1st of April and I have not received a response. I also attempted to call the company but was unable to get through.

Towards the end of February, my product arrived.

I've read on some forums/websites that the company disconnected their phone lines because they could not handle the amount of telephone calls and that they were backlogged with emails, and have since undergone a management reorganisation.

My question is, since I made every attempt to contact the company to notify them of their mistake, and requested my refund, and they have not responded, what are my rights in this situation?

Under the Distance Selling Regulations, it states that I have a right to;
- have goods or services provided within 30 days after the order was sent, unless otherwise agreed
- to keep goods delivered to you that you didn’t ask for. These are called unsolicited goods.

Is this situation classed as unsocilited goods?

Any advice would be greatly received... I'm going to go to Citizen's Advice on Tuesday.

Flyboy152

Spoiltlove wrote: »

Hello,

I was wondering if someone could give me a bit of advice?

I purchased something through Groupon back in November 2011, and the estimated delivery date was the 52nd week - Christmas week.

I received an email from the company on the 6th of January to say that they were overwhelmed by the response from the Groupon campaign and that the delivery dates were being extended. Mine was now the end of January.

Next, I received an email from Groupon on the 24th of January to say that my product was due to arrive no later than the 24th of February. By this point, I was fed up with waiting - bearing in mind I'd already paid the company £25 for delivery as well as my money so I responded to Groupon to say that I wanted to cancel my order.

Groupon responded quickly to say they'd cancelled the order for me and notified the company, they told me I needed to get in touch with the company to request a refund, which I did. I received an automatic response from the company to say they'd be in touch within 2 working days.

That email was sent on the 31st of January 2012. It is now the 1st of April and I have not received a response. I also attempted to call the company but was unable to get through.

Towards the end of February, my product arrived.

I've read on some forums/websites that the company disconnected their phone lines because they could not handle the amount of telephone calls and that they were backlogged with emails, and have since undergone a management reorganisation.

My question is, since I made every attempt to contact the company to notify them of their mistake, and requested my refund, and they have not responded, what are my rights in this situation?

Under the Distance Selling Regulations, it states that I have a right to;
- have goods or services provided within 30 days after the order was sent, unless otherwise agreed
- to keep goods delivered to you that you didn’t ask for. These are called unsolicited goods.

Is this situation classed as unsocilited goods?

Any advice would be greatly received... I'm going to go to Citizen's Advice on Tuesday.

First of all, these are not "unsolicited" goods, they are goods delivered in "error." It is important not to assume that you have title of them. You must contact the company as soon as possible. As they do not seem to be responding to telephone calls or e-mails, you must write to them, by recorded delivery, to formerly reject the goods/cancel the order, under the Distance Selling Regulations. Tell them that you will make the goods available for collection from you and that you expect a full refund from them. Remember to include copies of all correspondence between you, Groupon and them reminding them that you cancelled the order in ample time, before it was delivered and that you expect not to be charged for return carriage. Give them seven days to comply.

If they do not respond within those seven days, you must then send them a "Letter Before Action." Stating your intention to use the small claims court to recover monies owed (using MCOL [Money Claims On line] makes it very simple to do). Do not forget to include any other costs you may have incurred, including court fees, stationery, postage etc. You may even be able to claim for storage of the goods.

pinkshoes

Why do you no longer want it?

You paid, it arrived (eventually!).

Flyboy152

pinkshoes wrote: »

Why do you no longer want it?

You paid, it arrived (eventually!).

The reasons are irrelevant. In fact, the DSRs specifically state that the buyer does not need to have a reason why they want to cancel.

McKneff

Flyboy152 wrote: »

The reasons are irrelevant. In fact, the DSRs specifically state that the buyer does not need to have a reason why they want to cancel.

The question was asked of the OP, we all know the reasons are irrelevant.

Please, at least allow the courtesy of an answer from the OP to a question who either will answer it or say it is irrelevant

Flyboy152

McKneff wrote: »

The question was asked of the OP, we all know the reasons are irrelevant.

Please, at least allow the courtesy of an answer from the OP to a question who either will answer it or say it is irrelevant

But the question is irrelevant and has no bearing on the OP's query. The only reason to ask, is to start building a pointless argument.

bod1467

Am I right in reading that the OP has received the product but NOT received a refund?

McKneff

I think, you'll probably find it was just idle curiosity rather than wanting to cause a pointless argument.

I cant think for the life of me how it would do so, but there you go.

tomwakefield

bod1467 wrote: »

Am I right in reading that the OP has received the product but NOT received a refund?

That's how I read it. They cancelled the order through groupon but apparently the company have gone ahead with the order anyway.

Spoiltlove

Yes you are right - I cancelled through Groupon - who told me they notified the company. I also notified the company in both email and attempted telephone call.

Groupon refunded me immediately following cancellation.

About 3 weeks later the product arrived.

I've read on a forum somewhere that Groupon allegedly have not paid this company, not that I think this makes any difference.

And I do actually want the product, it was a birthday present for my fiancee, it's currently sitting at my mum and dad's house (my old address) and i'm desperate to get them out of their boxes!!! (They are 2 big boy bean bags).

Spoiltlove

Oh - something that might interest you - I've just been on said forum (it's trust pilot) and the top review for the company says that Groupon have taken it upon themselves to cancel any further outstanding orders...

I just have no idea where I stand, because this has affected so many people, it's not just me, I spent over an hour reading similar stories about this company on trust pilot. One person is currently taking them to a small claims court.

I don't want to go through court action, I'd just be happy having my bean bags and leaving it at that. I just don't want them to contact me in a few months saying that I owe them money.