Obtaining a Refund for Unwanted Goods

Hintza

unholyangel wrote: »

Since they're refusing a refund, are they proposing to send the item back out to you? (just curious)

I imagine they will send them back if the OP covers the postage.

Agricolae

You have the following options:

1) Ask Tesco to do a chargeback. Tesco is not obliged to do this and will not if they don't think the chargeback will succeed (because they can get fined if they keep raising nonsense chargebacks).

2) Assuming you've ticked all the right boxes, pursue a claim under section 75. Tesco seems to have refused to look at this. Consider though, that you are in a position where:

a) The company seems to have accepted the return.
b) You have paid money and have no goods as a result of point a (this assumes the company is now holding on to the goods).

The fair thing would be for you to have your money back. If you have proof of postage/a courier's audit trail showing you tried to return the item on x date then this could strengthen your position.

3) Pursue the company in court if it has broken the Distance Selling Regs.

MamaMoo_2

Name & shame the company? Not least of all to see if their T&Cs are legal/there are any loopholes you could use

Fire_Fox

MOPI wrote: »

Hi,

I recently purchased something from an online retailer, who offers a 28 day money back guarantee. Firstly there returns policy stipulates that it is 28 days from the time of receiving the goods, in this instance the courier attempted to deliver on the 15th of February but I did not pick up the goods from the depot until 16th February. Subsequently I was quite close to the returns time period but I arranged for the return of goods via a courier, who attempted to return the goods on 16th March, but due to no one being present at the address the item was later delivered to the returns address on 18th March.

Secondly the retailer is now stating, after having the goods for nearly 3 weeks that they are refusing to refund the goods as they weren't returned in their original packaging or condition, which I dispute. Also they are stating that the item was not returned within the 28 days, which I also dispute.

I have paid for the item using my Tesco credit card, who have denied raising a claim under section 75 of the consumer credit act, as it is basically just one word against another and the items were not faulty.

My question is do I legally have a leg to stand on with any of this and is the credit card company right to deny me the option to claim under section 75?

Thanks in advance for your help.

16 March was a Saturday so not a business day. Even if that was not the case you returned the item too late, 16-16 is one month and one day or 29 days since it was February, 16-15 is one month or 28 days.

Agricolae

Fire_Fox wrote: »

16 March was a Saturday so not a business day. Even if that was not the case you returned the item too late, 16-16 is one month and one day or 29 days since it was February, 16-15 is one month or 28 days.

I didn't notice that. Would it depend on the wording of the returns policy though I wonder? i.e. do the goods physically need to be delivered by 28 days or does the customer just have to make arrangements for delivery by then?