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Littlewoods.com help??

Hi, wondering if someone could help? I accidentally ordered an item from their mobile website when trying to get a final price. I realised what I had done so phoned them up to cancel which they accepted.

However two days later when I was in work, the item turned up at my door which my partner then refused to accept or sign for and the item was taken away.

Time had gone by and the item still had not been taken off my credit account balance, so I phoned them up again to be told it will take 14 days to be taken off my account and not to worry.

My bill came beginning of July (item was refused delivery on 10 June) and it was showing and I was havin to pay to it. Phoned them up and they say that they havnt received it so I have to pay for it as I have it.

Told them I havnt got the item and they have said I need to provide proof of return, is this right as I have not signed to receive the goods in the first place?

They have said they will have to launch and investigation to try and find it but in the mean time I have to pay for the item, is this right? They say I have to.

I feel like they have me over a barrel because I pay by direct debit. I wouldn't be worried but the item was £400 and I am on a low income

Any help would be appreciated

Comments

  • Littlewoods
    Littlewoods Posts: 160 Organisation Representative
    Hi Fazza994,

    If you'd like to email us at [EMAIL="help@littlewoods.co.uk"]help@littlewoods.co.uk[/EMAIL] we can look into this for you and we'll be able to respond with a reply straight away.

    Hope this helps

    Chris

    Littlewoods Network Team
    Official Company Representative
    I am the official company representative of Littlewoods MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 10 July 2012 at 9:18AM
    No you don't have to worry.

    It is them who have the contract with the courier and their courier who has the parcel. If the courier has lost it then they should put in a claim with them and refund you.

    This is what the Sales of Goods Act say about risk. (Remember the property was never passed to the buyer therefore risk does not transfer).
    Passing of risk.
    (1)Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not.
    Incidentally they are also in breach of Consumer Protection (Distance Selling) Regulations which requires a refund to be issued within 30 days
    14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).
    (2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.
    (3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.
    The most they could deduct is the direct cost of returning the parcel to them. Which I doubt their courier will charge for.

    Try to get it in writing that the order has been cancelled so if they take any money you can reclaim it under the Direct Debit Guarantee scheme. Although personally i'd consider cancelling the DD.

    The only problems that would arise is if they drag their feet and you don't pay the minimum payment and record it as a default. Leaving you having to yet again chase them to rectify this!
  • Fazza994
    Fazza994 Posts: 5 Forumite
    edited 10 July 2012 at 9:32AM
    Hi, chris I have emailed your company a number of times aswell as phoning your helpline and I am going round in circles which always ends up with me having to pay for something that I don't have.

    I am on here trying to find what rights I have as a consumer.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Fazza994 wrote: »
    Hi, chris I have emailed your company a number of times aswell as phoning your helpline and I am going round in circles which always ends up with me having to pay for something that I don't have.

    I am on here trying to find what rights I have as a consumer.

    Email the rep.

    You'd be surprised how many companies suddenly pull their fingers out of the rear end when customers issues come out in the public arena :)
  • Littlewoods
    Littlewoods Posts: 160 Organisation Representative
    Fazza994 wrote: »
    Hi, chris I have emailed your company a number of times aswell as phoning your helpline and I am going round in circles which always ends up with me having to pay for something that I don't have.

    I am on here trying to find what rights I have as a consumer.


    Hi Fazza994,

    You may have emailed our customer services directly through our website. The email address given above comes directly through to us and we'll be able to offer a response as soon as we have the relevant information.

    Many Thanks

    Chris

    Littlewoods Network Team
    Official Company Representative
    I am the official company representative of Littlewoods MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Fazza994
    Fazza994 Posts: 5 Forumite
    Ok, I have sent you an email
  • Fazza994
    Fazza994 Posts: 5 Forumite
    Thanks for all for your help it's now sorted, amazing what this forum can do :)
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Fazza994 wrote: »
    Thanks for all for your help it's now sorted, amazing what this forum can do :)

    4hr 2minutes

    That's got to be a record :)
  • I have now had the item added back onto my account because they have said the item was signed for. They have provided me with the copy of the delivery note and the signature doesnt look like anything that either me or my partner have every signed. I have provided copies of both our driving licences with our signatures on but they still are adamant that I have the item so I have to pay for it.

    What does anybody recommend I do now? Do you think I need to get a solicitor involved?
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    arcon5 wrote: »
    4hr 2minutes

    That's got to be a record :)

    I expect the PR team can get things done more quickly than CS :D
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