Problems with Tesco Seller / Yodel - tips appreciated

BattyMatty

Hi there,

I'd greatly appreciate any advice people could offer on this scenario I'm currently struggling with.

Background:

October 1st I ordered a bike part online at £75 from a Seller on Tesco Direct, with £20 shipping costs. I paid with credit card. I received an email from Tesco confirming my item was on its way, but that for if I wanted more information (tracking number, courier etc. I should contact the Seller directly). I didn't bother contacting them because I didn't assume there would be any issues (sigh, that old pitfall).

On October 9th I received an email from the Seller saying
"Our couriers have attempted delivery, but have been unable to obtain a signature,
Could you please call Yodel... and re-arrange delivery."

I was out of the country at the time, but knew I would be back on Sunday, so figured I would call then.

When I arrived home, here was no calling card (I live in a flat with the postbox inside the outside, buzzer entry door which has an assigned intercomm button for "trade".). I called Yodel the next working day (Monday 14th) with the number provided. I was told that they had attemped 3 deliveries, and had now returned the item to the Seller. I asked why there were no calling cards, and the man told me it would be because I live in a flat. He told me to contact the Seller for re-delivery.

I contacted the Seller and explained the situation, and asked if they could reship the item. They replied and demanded I pay another £20 if I wanted it reshipped, because it was my fault the item was returned.

I then drafted a letter which I sent, explaining that I was never given a tracking code at dispatch, was not told to expect a courier, received no calling cards, and only received communication from the Seller asking me to rearrange delivery 3 working days before it was returned to them. I explained I wanted a delivery without having to pay an additional £20, or failing that a full refund including shipping.

They refused both. They said I could either pay £20 again for repeat shipping (with Yodel again) or get a refund minus shipping. I've sent another letter asking them to justify this, and am awaiting a reply.

Questions:

I'd like to know where to escalate this further really. I think this is pretty shoddy customer service, but it looks like they probably won't shift on things. I can partially understand this, as the courier didn't contact me at all, but it's obvious from the Seller's email to me that they could track the package and delivery attempts. My thoughts for escalation are:

1) Tesco Direct - although I've heard that they can be pretty laissez faire in disputes between customers and Sellers as opposed to those directly between customers and Tesco.

2) CC company - I understand that the total amount (£95) is less than the minimum for CC company liability, but it might be worth a shot. My worry then though is that they would get the money back straight from Tesco, and given my account also has £120 in clubcard vouchers associated with it, I'm hesitant to do something that might get it suspended.

3) Small Claims Court to the Seller directly, although not sure exactly what legal basis there would be for this or how strong my case would be.

4) Negotiate further with the Seller, although that seems to have failed at this point.

I hate this. Every time I try to support a smaller independant company by buying through eBay, Amazon Marketplace or Tesco Direct, I seem to have a crappy experience. When I have similar problems with the big multinationals like Amazon themselves, they usually really quick to remedy the problem and give good customer service. I understand small businesses have to be more tight with their cash, but surely customer service is the bedrock of success?

Anyway, rant over. Any advice/tips are greatly appreciated!

unholyangel

Are they a UK company?

If so, have they mentioned why your purchase isn't covered by the DSRs?

BattyMatty

They are a UK limited company.

They haven't said anything about the DSRs in this case. In their ToS they say that if the buyer returns the item, the buyer is liable for return postage. I'm not sure how to apply the DSRs in this case though as I haven't received the item in the first place.

How would the DSRs apply favourably in my case?

unholyangel

BattyMatty wrote: »

They are a UK limited company.

They haven't said anything about the DSRs in this case. In their ToS they say that if the buyer returns the item, the buyer is liable for return postage. I'm not sure how to apply the DSRs in this case though as I haven't received the item in the first place.

How would the DSRs apply favourably in my case?

DSRs entitle you to reject it for a full refund. From OFT's distance selling guidance:

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

Found contained in this document:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Also from the above document:

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made, including the cost of delivery.

BattyMatty

Oh you beautiful person. I will send them another letter explaining the above and seeing if their position shifts at all.

unholyangel

BattyMatty wrote: »

Oh you beautiful person. I will send them another letter explaining the above and seeing if their position shifts at all.

Let us know how you get on/if you run into any problems.

May be worth contacting Trading Standards if you do have any problems. They don't take action on single complaints usually but have been known to contact retailers for a quick chat - depending on your luck I think. And if nothing else it's one of several other complaints they'll probably receive about that retailer.

BattyMatty

Will do. They're a large enough seller than small claims action would probably be successful if it comes to that. Hopefully letting them know my position and a hint of SCC action will be enough though. Who knows, maybe they'll just send me my item!

BattyMatty

Have sent another email this evening detailing my rights under the DSRs as explained by yourself and the document on the OFT website, and asking that they either reship the item to me at no additional cost or refund me the full value of my order, otherwise I'll report to TS and commence small claims. Here's hoping it doesn't come to that and they be a little bit sensible about it...

BattyMatty

Just an update.

Thanks for the help. They still flat out refused to send it out again, due to expenses incurred on their behalf, without paying an additional amount for postage. So I gave them formal notice of cancellation under DSRs. A refund for the full amount (including postage) is being processed by Tesco, so looks like I've got my money back. Still a little baffled as to why they didn't just send it out again so they could keep my money and potentially reduce their losses a little bit. Ah well, c'est la vie!