Are we entitled to a refund?

isitenough

We bought a dog crate online, once received we decided it wasn't the right size so wanted to return it. We received it on a Tuesday and decided to return it by Wednesday. After reading through the returns process we emailed them of our intention to return the goods (as per their request in the T&C's) and then arranged for DHL to pick up on the Thurs for delivery back to the company in question on Friday. We sent it to the address as stated for 'contact and returns address' both on their website and their invoice email.
The goods were sent in the same condition as when they arrived.
The goods were signed for on the Friday by someone at their end. I waited a week before emailing them to query where the refund was and if they had record of receiving the crate. *As yet my original returns email AND the query email hasn't been answered.

This week my husband phoned them to ask about the refund. They denied having received the item. After more time they said the crate they received they thought was from someone else as they'd had another customer unhappy with their purchase and thought it was theirs being returned (even though that customer said it was damaged and they'd dispose of it themselves and not return it).
Ignoring the fact our name, address AND mobile number was included on the DHL returns label......

Today we ring up and they say we didn't go through the proper returns procedure and also the item is damaged. Even though we did email them before returning the goods (and never received a reply with any instructions on how to return the item) and we did send it to the address for returns in the email/on the website.

Where do we stand on obtaining a refund? We've never really had this problem with online shopping before so not sure who to turn to.

Thanks

neilmcl

Remind them that under the DSRs you have an unconditional right to a refund and you will me seeking one via the means of a small claims action if they don't play ball.

It matters not what process you used to return the item, the fact was you cancelled within the required time, you've returned the item (presumably at your expense) and you're now entitled to a full refund.

pinkshoes

Write to them (don't phone) saying that as per the DSRs, you notified them within 7 working days of your desire to return the item, then returned it to the address stated on their paperwork and website via tracked method. The tracking shows they received it on <date> so you are now expecting a full refund within 7 days. Give them the tracking number.

If the refund doesn't appear in 7 days, just send another letter, this time entitled Letter Before Action, giving them 7 days to refund before you take them to court.

Send both with proof of postage.

neilmcl

pinkshoes wrote: »

Write to them (don't phone) saying that as per the DSRs, you notified them within 7 working days of your desire to return the item, then returned it to the address stated on their paperwork and website via tracked method. The tracking shows they received it on <date> so you are now expecting a full refund within 7 days. Give them the tracking number.

If the refund doesn't appear in 7 days, just send another letter, this time entitled Letter Before Action, giving them 7 days to refund before you take them to court.

Send both with proof of postage.

They do have up to 30 days to refund though so I'd be careful with taking court proceedings before this period.

pmduk

How did you pay? If by card, you might want to ask your bank to undertake a chargeback.

isitenough

Hi
Thanks for the replies. If we don't hear back by Tuesday we'll write them a letter outlining all the points and asking for a refund. If they say it was damaged we may also ask for photos to prove this.
We paid by bank debit card.

pinkshoes

neilmcl wrote: »

They do have up to 30 days to refund though so I'd be careful with taking court proceedings before this period.

In that case, send the first letter, and remind them when their 30 days are up, THEN it would be a LBA if they still don't refund.

arcon5

You should firstly find out in what way the item is damaged because if you went to court they would probably counterclaim for damages.

isitenough

Yep, we intend to ask in what way and also ask for pics. They didn't say at first it was damaged, only after the 3rd phone call.

bod1467

arcon5 wrote: »

You should firstly find out in what way the item is damaged because if you went to court they would probably counterclaim for damages.

Why? According to OP the COMPANY made the mistake, assuming it was damaged goods from a different customer.

OP - do you have this in writing at all?

isitenough

Nope, we have nothing in writing.