Success Story with Pro Direct sports

bobbthefrog

Here are the emails back and forth between me and Pro Direct Sports. I got a refund (wrong size) but they didn't refund my P&P plus I hand to spend £5+ to send the item back to them. Not a large amount but an example of how to use your consumer rights to win a moral victory and be refunded!

[start from the bottom]


Customer Manager:
Hello Mr xxxxx,

I have been passed your details by our returns department and must apologise for this inconvenience. I have refunded your original postage costs in full (please allow 3-5 working days for this to clear into your account) and have forwarded links and information to our returns department as you are correct in saying that you are entitled to everything bar the return postage cost to be refunded to you if you deem an unpersonalised item as unsuitable and return for a refund when it is still in new condition within 30 days of receipt of the parcel.

Our apologies again.

Best Regards,
xxxxx

Account Management
Pro-Direct Sport Ltd

Online Retail

Customer Adviser 2:
Hello,

Please expect contact from our customer service manager shortly.

Best Regards


xxxxx

Me:
Hello xxxxx,

I understand your T&C's - however I do not believe they are fair and just. In fact I believe they contravene the UK's Distance Selling Regulations (July 2010) of which below I have copied a clause.

"On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within 30 days of cancellation. The full price paid for the goods must be refunded and this includes the cost of delivery of the goods to the consumer."

xxxx

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xxxxx

This government issued document contains the same clause:

xxxxx

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xxxxx

As I said before I would like you to pass my complaint on to your supervisor, I shouldn't have to make this request three times.

I have paid the return charges and not scrimped as I sent them by the most expensive method (fully tracked and signed for). I have acted as a model customer and I expect your to act as a model retailer.

I shall be pursuing this as a matter of principal.

Regards,

Xxxxx xxxxx

Customer Adviser 2:
Hello Mr xxxxxx,

Please see our terms and conditions/FAQs below:
xxxxxx

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xxxxxxx
As you will see our website clearly states that we will not cover any postage costs should the returned item simply be 'unsuitable' for the customer.

Best Regards

xxxxx

Me:
Hello,

I saw today that PDS refunded me only the cost of the shoes I ordered £39.99 when actually I spent £45.94 in total including postage. I emailed on 12th October to inquire as to whether PDS would be refunding me the cost of my return postage to which I was told they would not be as it "is not our fault that you ordered the wrong size to begin with."

I can understand this position and I chose to accept the decision, even though I believe that the nature of the mail order footwear business will inevitably result in the need to make small changes in size. My feet are a size 8.5 but with many footwear companies this can often change slightly (as I've found it does with Nike).

When a company says they will issue a refund I believe they should refund the exact amount that the customer spent with them. I am now £11.20 down and left with a bad taste in my mouth regarding your company. This situation would be resolved, and my confidence to shop with your company again if you refund the original postage I paid.

I would appreciate it if you could pas my complaint on to your supervisors,

Regards,

Xxxxx xxxxx

Customer Adviser 2:
Hello,

You have now been refunded for the returned item, we will not be refunding postage as it is not our fault that you ordered the wrong size to begin with.

Best Regards

Xxxxx


Me:
Please can I have a refund. Can I also get the postage refunded since you are unable to send me what I need?


Customer Adviser 1:
Hello
We have received your returned item, you have stated that you would like an exchange, I'm afraid we no longer have your requested exchange and will therefore have to ask you to please take a look on the website for a suitable replacement of your choice and reply to this email with the product reference or the link to the item page. Please note that if there is any difference in price you will be refunded/charged to the card we have held for you on our system.
If an exchange is not requested and you'd prefer a full refund please also reply to this email and I will happily action your request.

We look forward to hearing from you.

Best Regards and apologies for the inconvenience,

xxxxx

keyser666

It is what is to be expected, I would have quoted the DSR in the first instance though, just to "remind" them of their obligations

somethingcorporate

Good result although it should not have to go to a supervisor for you to enforce your rights. You wonder how many people just end up getting fobbed off and losing their £5 delivery charge.

Did their T&Cs state that you have to pay for return postage. If not you may even be able to get that back too.

bobbthefrog

Yeah - it states I have to pay return charges. Fair enough but I'm happy with the moral victory!