Order cancellation timescale??

lukerichardson40

Hi Guys,

THIS IS A LONG ONE, BUT HOPEFULLY YOU GET THE FULL PICTURE.

I hope someone can shed some light on this for me... I have been in touch with citizens advice and they have helped, but this is the whole story and just want to see if I am right before I take it a step further...

This all started on 20th July with an order to QS supplies (AVOID AT ALL COSTS)... here is what happened, and it is a long story, this is the letter I have sent them to point out how they are wrong. Their terms and conditions dont state anything which may help, or at least they dont to me ...

NOTE, all the emails here are in chronological order, some only 10 mins apart.

I made a payment to them for a bathroom suite, consisting of a toilet and cistern, a basin and pedestal and taps.

I received a confirmation email on the 20th July stating that I ordered the above and it cost the following

Total goods - £430.20. VAT £94.84. P&P £43.99

A couple of days later I got a phone call saying the toilet was no longer available. I said to cancel the whole order over the phone as the basin will no longer match so I need to rethink.

Then on the 2nd August I got this email –

Thank you for your order with QS Supplies. Unfortunately we do not have any stock of the Balterley Custom WC Including Cistern Fittings High-rise 655mm and Balterley Custom Soft Close Seat & having spoken the manufactures, they have advised the product has been discontinued & they will not be getting any more in. However we can offer you alternatives which our QS Product code is QS-V40554. Please advise if you would like to purchase an alternative product from our website at qs supplies (link edited to comply with rules) or if you like any further assistance then please respond to this email or call us on 0116 2510051. We apologise for any inconvenience caused Many thanks, QS Supplies.

I phoned them straight away and said I cancelled the order and to make sure it was cancelled. They said I needed to email them this. So, on the same date I sent this email –

Hello,

please cancel the order in full. Without the toilet the whole thing needs a rethink.

Please process a refund as soon as possible.

Regards

Luke Richardson.

Later on the 2nd I got this email from them, just typed up with no delivery tracking number etc –

Thank you for your email.
Part of your order has been dispatched. You should expect to receive delivery of the Balterley Custom 60cm Basin With Pedestal 2 Tap Hole tomorrow.
Relating to the above items which are discontinued we will process a refund.

Regards

QS

Obviously this is no good as I previously mentioned I did not want a bathroom suite which did not match. I had received no email to say they were dispatching anything before this. So I sent this email to them the following day -

Where can I return this item? I called up some time ago to cancel the whole order but it seems this was ignored.

The basin is of no use without matching toilet.

This email was ignored until the 6th when I got an 'official' dispatch email saying part of the order has been sent. This is despite the order being cancelled via email on the 2nd of August.
Also on the 6th, following the dispatch email, in response to my previous email they said this –

Thank you for your email.

We are happy to accept the item back however you would need to arrange for the item to be returned back to us at your own cost
using your own courier.

Once we receive this back we will process a refund.

Regards

QS

There is no way I am paying return postage on something which I had cancelled and they had sent anyway. So I sent this email in return on the 6th –

I don't think so. I have not received any item and I am not going to accept any item, I assume they need signing for.

I cancelled this order over the phone a long time before you shipped it but seems this was ignored. I had to phone twice to make sure the order was cancelled after the toilet was not in stock. I do not want a basin and a toilet which do not match.

As I have not received any items please process a refund in full immediately.

The response was as follows, also on the 6th –

Thank you for your email.

Sorry but the items were already dispatched.

You will either have to accept the item and return this back to us at your own cost, if you refuse the delivery we will refund you less the return fee,

Regards

QS

The items were not already dispatched as the email proves. I phoned several times in frustration trying to get some answers, all the time being fobbed off and not being put through to a manager who can help.
I responded to that email as follows, also on the 6th August

I don't think you are following me. The order was cancelled before you dispatched the items.

I am not responsible for the cost of return, you are. Under the distance selling regulations I have 7 days after delivery (which has not occurred) to return any items for any reason. Under some circumstances I would be liable to cover return postage but in this instance I am not responsible for the return costs as you have breached contract and have not supplied the items I ordered. The toilet I ordered is not available and no alternative has been agreed. I have spoken to consumer rights and citizens advice and the information there is directly from them and accurate.

As I cancelled before you sent the items it is your fault. I want a full refund issued immediately, not less postage, the total amount I sent you.

Please don't make this in to a bigger issue than it needs to be and process my refund in full immediately.

On the morning of the 7th of August I got a phone call from a delivery company asking my address as QS had got it wrong. I told them not to deliver anything as I had cancelled the order and to return it to sender. Later in the day I got this email –

Dear Richard

We understand you are refusing to accept the item, please note we will get the delivery company to return the item back and will be charging you a return fee.

Regards

QS

I responded to that as follows, and have had no further reply.

My name is not Richard,

I have refused delivery as the order was cancelled.

I want a full refund immediately not less return postage. You will not be charging me anything.

And that was the last I have heard from them.

So my question is, am I in my rights to demand all my money back? Not less postage, just the total I paid them? I should think I am as the order was cancelled before they sent it.

Thanks for any help!!

Luke

DCFC79

Wow thats a long thread,

hope you get it sorted.

ThumbRemote

You are entirely within your rights to get a full refund. You have proof you cancelled the order prior to despatch, as you emailed them.

Don't give up - insist they refund you in full.

lukerichardson40

Thats what I thought. They have not sent anything yet.

I am in the process of claiming it back from my bank. They can do this, but it will mean I am in breach of contract. Not sure where I stand with this but I will do it anyway.

So far they have not processed a refund at all and arent replying to emails.

If they do send me a refund less the postage does anyone know what the next steps should be? I arent going to let them just take 43 pounds off me for nothing. It isnt much money, but that is not the point.

wealdroam

lukerichardson40 wrote: »

If they do send me a refund less the postage does anyone know what the next steps should be? I arent going to let them just take 43 pounds off me for nothing. It isnt much money, but that is not the point.

If that happens, then you need to write a letter... a real letter... call it a letter before action.

State the problem succinctly.
Tell them what you expect to happen... e.g. send you £xx.xx. or whatever.
Tell them when you expect this to happen... e.g. within 14 days.
Tell them what will happen if they don't do this... you will start court action to recover your money.

Send it recorded delivery.
Google letter before action for many samples if you like.

Have a look at Money Claim Online while you are waiting for a response.

Herongull

lukerichardson40 wrote: »

Thats what I thought. They have not sent anything yet.

I am in the process of claiming it back from my bank. They can do this, but it will mean I am in breach of contract. Not sure where I stand with this but I will do it anyway.

So far they have not processed a refund at all and arent replying to emails.

If they do send me a refund less the postage does anyone know what the next steps should be? I arent going to let them just take 43 pounds off me for nothing. It isnt much money, but that is not the point.

Not sure why you would be in breach of contract?

Did you pay by credit card? If so, as the total amount of the order was more than £100, isn't the credit card company also liable for performance of the contract?

In these situation it is often easier to get the credit card company to refund you and then let them chase the sellers to get their refund.

If you paid by debit card or cheque this line isn't open to you.

NeverEnough

If you used a Visa Debit Card then you may be able to do a Chargeback - but I think there is a tight timescale for this, so check asap if you have.

alistair.long

I would take this is steps.

You are entitled to a full refund.

Get a refund of as much as you can from the store. Once the Refund has been processed (minus delivery) write a final email highlighting the fact that you agreed the cancellation prior to the delivery.
If that fails you can then print out the emails, contact your bank and send/email the proof to the bank and get a charge back (assuming you used your credit card) or issue a claim in the county court.

lukerichardson40

I paid using my debit card, I dont have a credit card.

I have now contacted my bank for a chargeback. I am sure I am in time for this. I have a big A4 pack including the info at the start of this thread, copies of all emails and a copy of their terms and conditions.

Also in the letter to the bank is a brief comment asking if they do happen to rufund, less postage, can they claim back the postage costs. If they cant do this then it will be the court route for the remaining ammount.

QS should realise that they are not on to a winner and they have picked on someone who isnt about to forget it. I should imagine if it comes to it and I send the letter before action (thanks wealdroam) and it will cost them what they owe me, plus court fees, plus my out of pocket expenses, plus their expenses, they will probably just admit defeat and pay me what I am owed.

I think I just need to wait to hear from the bank. The letter to the bank is going to be in the post today, but it isnt that easy for me (I am in the middle of the Irish sea on an oil rig).

Thanks for everyones help so far! I am sure this will be an ongoing saga.

lukerichardson40

Herongull wrote: »

Not sure why you would be in breach of contract?

Herongull, neither am I. Citizens advice said I would be for some reason and I should be aware of that?

arcon5

lukerichardson40 wrote: »

Herongull, neither am I. Citizens advice said I would be for some reason and I should be aware of that?

Citizens advise are talking rubbish. If you was in breah of contract they would be entitled to recover their losses. As it stands they are unable to fulfil their side of the contract and should be remedying this by refunding you.