Very trying to deny DSR

Heamol

They have to return the original cost of the P&P, yes.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.

Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.
If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

But your last post was a bit confusing. If they told you that you would be responsible for the cost of the return and they do not charge for it but don't return your initial delivery cost then surely it's the same difference.

If they say you're not entitled to your delivery charge refunded under the DSR AND you have to pay return postage, they are wrong. But if they say "we'll refund you the total amount minus the delivery charge, which covers the cost of the return postage", what does it matter? Yes, they seem to be saying something in contradiction of DSR, but if you end up paying/receiving the same amount of money overall, I wouldn't worry about it. If you feel very strongly about it, contact TS or something, but TBH, if it works out at the same amount, I wouldn't bother.

misssarahleigh

Looksguywalker wrote: »

I have no idea what you are saying? Can you clarify please?

Apologies.

It's been mentioned that Very are within their rights to charge for the collection of the item. This is normally done at the same cost as the outbound postage. So, if you request a refund of the outboung postage (£3.95) but have to pay the courier to collect the return (£3.95) the amount normally cancels each other out, as they will owe you £3.95 for the initial postage but you then owe them £3.95 because they charged you to collect it.

This isn't what they are saying happens (as it often is the case with retailers.)

They are saying, that because the item is not faulty I will not get a refund on the outbound postage.

They haven't mentioned any collection charges in regards to returning the item.

My post was more aimed at Acorn5's Comment of

If return costs = postage paid you are in the same position had you paid them to collect it.

This was brought up by a post which states the 'norm' for companies. I was trying to clarify that this ISN'T what Very have said (If you look at the quotes it says nothing about collection fee's)

They are just giving me a blank refusal to refund the postage because the item is not faulty.

arcon5

Why not send it back yourself then and insist they refund original postage? I'm betting it would take a single email to resolve it then.

Despite the wording I think it's clear their intention is to ensure they do not loose out for delivery both ways.

I could be way off the mark here... but are you trying to find a technicality to get a full refund (inc P&P) and free return...

misssarahleigh

arcon5 wrote: »

Why not send it back yourself then and insist they refund original postage? I'm betting it would take a single email to resolve it then.

Despite the wording I think it's clear their intention is to ensure they do not loose out for delivery both ways.

I could be way off the mark here... but are you trying to find a technicality to get a full refund (inc P&P) and free return...

Initially Yes.

I would be more than happy to take it to the click and collect point or post it back. On the delivery documentation it said click and collect was free, returning via courier was free but posting the item back yourself would cost postage.

Now, if Very had emailed back and explained. They were happy to accept the refund of the original P&P but the courier would now be charged for, thats fine.

In this case I would pay P&P myself as it's a light item and would be sent via the post office a little cheaper than the courier.

But they haven't said this. What they have said is:

We will not refund the delivery charge except in cases where the order was cancelled prior to delivery under the UK Distance Selling Regulations or the entire order was faulty.

melbell

misssarahleigh wrote: »

They haven't actually collected the item yet (Twice arranged) and I believe if they do charge they have to state this (my Next order stated that the price of return would be £3.99 which was the price I paid for outgoing postage, which obviously cancels any refund out)

So, what are the steps I need to take now.

I saw you complained at failed collections, In the terms where it says they won't refund delivery on DSR returns

It also states that collections via a courier are a complimentary service and not guarrenteed as they offer collect+ and post office. So maybe get off your arris and go to one of the alternative return points.

melbell

misssarahleigh wrote: »

But they are not saying.

Well will refund postage off £3.95. The collection of your parcel will cost £3.95

They are saying. I cannot have a refund on postage. Full stop

So, If I got to the post office, and post this back, I'm still not going to get anything according to their communication as the item isn't faulty.

its free via the post office.

You loose your delivery charge as they charge you £3.95 return fee. as you quoted.

malchish

Not many people know that after cancelling under DSR, the company must give you the full refund (including the opiginal postage cost) within 30 days. EVEN if you did not yet return the item.
Yes, they can charge you for the return costs, but this matter will be independent of the refund (they have to refund, then sue you for the collection costs, they cannot deduct this from your refund automatically).
The most interesting thing is that you do not have to post anything back - it is their responsibility to collect from you and charge you accordingly. If they fail to collect - then your duty of care for the item will only last for 21 day, after which, if the guys still have not collected - the item can be disposed of (or whatever you like to do with it, your duty of care has lapsed).
This is to prevent companies from failing to collect items from customers and then refusing refunds.
Your refund is still due, whether they take their item or not.
If you foresee that those guys won't collect for ages - good for you!
Money claim online for the DSR refund will be the next step.
This is the dark secret that all retailers want us to not know about!
You do not have to post items back if they came by post in the first place.
On the other hand, if a consumer unreasonably prevents collection, the duty of care expands to 6 months or even longer!

Looksguywalker

malchish wrote: »

Not many people know that after cancelling under DSR, the company must give you the full refund (including the opiginal postage cost) within 30 days. EVEN if you did not yet return the item.
Yes, they can charge you for the return costs, but this matter will be independent of the refund (they have to refund, then sue you for the collection costs, they cannot deduct this from your refund automatically).
The most interesting thing is that you do not have to post anything back - it is their responsibility to collect from you and charge you accordingly. If they fail to collect - then your duty of care for the item will only last for 21 day, after which, if the guys still have not collected - the item can be disposed of (or whatever you like to do with it, your duty of care has lapsed).
This is to prevent companies from failing to collect items from customers and then refusing refunds.
Your refund is still due, whether they take their item or not.
If you foresee that those guys won't collect for ages - good for you!
Money claim online for the DSR refund will be the next step.
This is the dark secret that all retailers want us to not know about!
You do not have to post items back if they came by post in the first place.
On the other hand, if a consumer unreasonably prevents collection, the duty of care expands to 6 months or even longer!

Can you please give details of all your claims?

arcon5

malchish wrote: »

Not many people know that after cancelling under DSR, the company must give you the full refund (including the opiginal postage cost) within 30 days. EVEN if you did not yet return the item.
Yes, they can charge you for the return costs, but this matter will be independent of the refund (they have to refund, then sue you for the collection costs, they cannot deduct this from your refund automatically).
The most interesting thing is that you do not have to post anything back - it is their responsibility to collect from you and charge you accordingly. If they fail to collect - then your duty of care for the item will only last for 21 day, after which, if the guys still have not collected - the item can be disposed of (or whatever you like to do with it, your duty of care has lapsed).
This is to prevent companies from failing to collect items from customers and then refusing refunds.
Your refund is still due, whether they take their item or not.
If you foresee that those guys won't collect for ages - good for you!
Money claim online for the DSR refund will be the next step.
This is the dark secret that all retailers want us to not know about!
You do not have to post items back if they came by post in the first place.
On the other hand, if a consumer unreasonably prevents collection, the duty of care expands to 6 months or even longer!

So much of this is incorrect, I think you've missed some key points wihin the restoration of goods section of DSRs

malchish

Looksguywalker wrote: »

Can you please give details of all your claims?

Wow, you replied to my post at 0.30 am (at night)!
Please google it yourself (just download the DSR law, you will find it there). Alternatively, if you rather go to sleep now, please understand that i also want to sleep.
This is all in DSR. Consumers are NOT reguired to return items, except at their own premises.