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M&S - refunding by different method to payment?

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I returned unwanted items to M&S store on 16/10 (within 35 days) for refund. Items were originally paid for by credit card online.

Due to a computer error, store under-refunded me by £7.20. After speaking to their telephone customer service, I was verbally told £7.20 would be refunded to my credit card. When this did not appear, I emailed their website. Their website reply states they are sending out a cheque for £7.20, which I should receive by Fri 25/10.

My question is - are they legally allowed to refund via a different payment method to that used for purchase? I can see lots of reference for retailers having the right to refund via payment method used at time of purchase, but nothing about a consumer's right to be refunded by payment method used. Certainly the T&Cs on their website state that they refund via payment method used, and that is what I was initially told over the phone, so don't know why they've taken this route.

I have shopped with M&S for donkey's years, and this is the first time I've ever encountered a problem like this.
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Comments

  • earthstorm
    earthstorm Posts: 2,134 Forumite
    Yes they can refund anyway they seem fit, but normally it will be to the method originally used for the payment. But as you say they under refunded you. Most likely as they refunded you, their system would not allow them to refund the £7.20. I know that our system will not allow this if a refund has already been made.
  • Jakg
    Jakg Posts: 2,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Strictly speaking, the credit card company paid for the goods - not you. They should really *only* be refunding to the credit card.
    Nothing I say represents any past, present or future employer.
  • earthstorm
    earthstorm Posts: 2,134 Forumite
    Jakg wrote: »
    Strictly speaking, the credit card company paid for the goods - not you. They should really *only* be refunding to the credit card.


    Thats true, but as they have already processed a refund which was £7.20 short, their terminal may not allow further refunds to a specific transaction number. I know the one we have in our store wont let you make anymore refunds to a transaction number once one has been sent.
  • bunny is there a problem here at all?

    They are correcting an error and sending you a refund.
  • bunny71
    bunny71 Posts: 95 Forumite
    edited 19 October 2013 at 7:25PM
    bunny is there a problem here at all?

    They are correcting an error and sending you a refund.
    Of course there's a problem. They've broken their website terms & conditions, gone back on a verbal promise to refund my card, and caused a significant delay to my refund (waiting on receipt of cheque and then its clearance) which will result in me receiving interest charges on my credit card for the first time ever.

    Why should the customer lose out because (it seems) M&S possibly have a computer system that can't cope? It's completely unacceptable.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bunny71 wrote: »
    Of course there's a problem. They've broken their website terms & conditions, gone back on a verbal promise to refund my card, and caused a significant delay to my refund (waiting on receipt of cheque and then its clearance) which will result in me receiving interest charges on my credit card for the first time ever.

    Why should the customer lose out because (it seems) M&S possibly have a computer system that can't cope? It's completely unacceptable.

    Lose out?
    Will £7.20 delayed for a few days cause that much aggro?

    If you want a 'more satisfactory' resolution, you may need to go to court citing a breach of contract.

    I do not know what a judge may think of your case.
  • ILW
    ILW Posts: 18,333 Forumite
    bunny71 wrote: »
    Of course there's a problem. They've broken their website terms & conditions, gone back on a verbal promise to refund my card, and caused a significant delay to my refund (waiting on receipt of cheque and then its clearance) which will result in me receiving interest charges on my credit card for the first time ever.

    Why should the customer lose out because (it seems) M&S possibly have a computer system that can't cope? It's completely unacceptable.
    Don't be silly.
  • Jakg wrote: »
    Strictly speaking, the credit card company paid for the goods - not you. They should really *only* be refunding to the credit card.
    Poor customer service aside, this is the bottom line. The amount involved is irrelevant.
  • bunny71 wrote: »
    Of course there's a problem. They've broken their website terms & conditions, gone back on a verbal promise to refund my card, and caused a significant delay to my refund (waiting on receipt of cheque and then its clearance) which will result in me receiving interest charges on my credit card for the first time ever.

    Why should the customer lose out because (it seems) M&S possibly have a computer system that can't cope? It's completely unacceptable.

    without wising to sound hip & trendy surely this is a first world problem?

    As for the interest charge surely you can afford to stump up £7.20 to cover the value of the cheque?

    Or is this a complete windup post?
    2014 Target;
    To overpay CC by £1,000.
    Overpayment to date : £310

    2nd Purse Challenge:
    £15.88 saved to date
  • Why would you be charged interest at all?
    If you paid the last statement balance in full there will be no interest.

    If you have tried to be clever and reducing your payment by amount of the refund then I'm afraid its your own fault if you are charged interest.
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