Little Mistress Returns

Aki123

tinkerbell28 wrote: »

No they can;t.

Tell them you wish to return for a full refund under the distance selling regulations.

Thanks tinkerbell

I've emailed a request asking for a full refund, funnily enough they've now gone quiet!

Again, really appreciate you taking the time to answer.

You're all wonderful fonts of knowledge, thank you.

Hillarys_Hater

Apparently Feefo only put up reviews that the company have given Feefo contact data for.

So, really bad service the company are not going to let Feefo know the persons details to get accurate views.

ruthem215

I am having the same issues with them - as regards to return postage I have sent the dresses back using the prepaid sticker that they enclosed. I have had a horrendous time with them overall - its been going on for a month now and I am almost at tears with 'no way out'.

They have £60 of my money which they won't refund only a credit note the dresses did not fit, were poor quality (I am a 12, the first dress was tiny more of a 8!, the 2nd dress was a 14 as went up a size and was huge, both rubbish quality, stiff zips etc) and were both in the sale so like you they will not refund. I have emailed and asked for a refund which they quoted their terms and conditions stating no refund on sale items.

My next step was to try and cheat their system so I ordered a full priced item knowing they refund full price items for the £60 I had the credit for, again returned didn't even bother to try on, again received a credit note, I questioned this (all by email rather frustrating as would not give me a telephone number) and again they refused to refund this time stating I paid with a credit note so they have refunded the credit back to my account!!!!!! ARGH!

Because their terms and conditions state no refund on sale items I'm guessing that I do not have a leg to stand on, I'm so frustrated and wish I had read the terms and conditions first! So now what do we do? They obviously aren't going to pay up and I'm not even sure I have rights. It is very frustrating though esp as you cannot try on, at an online store!!

I contacted citzens advice, and they sent me a really long technical email back which I didn't even really understand what they were trying to say! *sighs*

Ruth:(

tomwakefield

ruthem215 wrote: »

Because their terms and conditions state no refund on sale items I'm guessing that I do not have a leg to stand on, I'm so frustrated and wish I had read the terms and conditions first! So now what do we do? They obviously aren't going to pay up and I'm not even sure I have rights. It is very frustrating though esp as you cannot try on, at an online store!!

Under distance selling regulations, you have a statutory right to a full refund, including cost of delivery. A company cannot enforce terms and conditions which attempt to restrict your statutory rights, regardless of whether you have "agreed" to them. So you are entitled to a full refund, and that must be real money, not any form of credit note or voucher which can only be used at that store.

How did you pay for the original items?

ruthem215 wrote: »

I contacted citzens advice, and they sent me a really long technical email back which I didn't even really understand what they were trying to say! *sighs*

If you post the email, some of the regulars here may be able to decipher the email and put it in normal english!

ruthem215

Thanks thats really good to know. Hope this helps the OP too. Original payment method was paypal. Citizens advice email response as follows, I did find it confusing as they mention cancellation rights.

Thank you for your enquiry to the Citizens Advice consumer service dated 30/11/2013. Your reference number for this case is CS 11711569 and should be quoted in all further correspondence regarding this case.

I am sorry to hear about the problems you have been experiencing in relation to this issue.
Based on the information you have provided, the key legal points in response to your enquiry are as follows:

Whenever you purchase goods or services you automatically enter into a contract with the seller.

Every contract has terms and conditions covering what you have agreed. Terms can either be written down or verbally agreed. Terms individually agreed by you and the seller are called express terms.

There are other terms that consumer law states should be part of a contract - these are called implied terms - also known as your statutory rights. These statutory rights are automatically included in any agreement you have with a seller and don’t have to be written down. If you are a consumer and you are making a contract with a seller, the seller cannot take these rights away from you.

When you enter into a contract with a trader by means of a distance communication (telephone, internet, mail order etc.) you will often have cancellation rights under what is known as the Distance Selling Regulations. These state you are entitled to a written notice confirming the details of your order and the fact you have cancellation rights. If you have been given the notice at the time you place the order, your cancellation rights run from the time of order until 7 working days starting from the day after you receive the goods. If you have not been provided with this written information, your cancellation rights are extended for up to 3 months and 7 working days. To cancel you must inform the trader of your intention, either by letter, email or fax - where you may ask for a full refund (including any delivery charges). The trader must provide this refund within thirty days. To be effective, your cancellation notice must be sent before the end of the cancellation period described above.

The trader may ask you to return the goods and / or pay return costs, but can only do so if this was made clear in the written information:



· If the written information does not specify that you are responsible for returning the goods, you may expect the trader to collect.



· If the written information does not specify you are responsible for the cost of return then the trader must bear this cost.



Refunds should be given in same format items are paid for

We would advise to log a formal complaint in writing to the company after discussing it with them, by recorded delivery, keeping a copy and setting a deadline for a response, stating what it is that you are looking for from them under your statutory rights.
In addition, sending your letter by “recorded delivery” will provide you with proof of posting; a signature on delivery and online confirmation of delivery.
The reason we suggest this, is just in case you and the trader fail to reach an amicable resolution. Having a record of your correspondence, and confirmation of delivery, could help demonstrate how and when you attempted to resolve the dispute yourself, should you need to escalate your complaint. Furthermore, the trader would find it difficult to maintain that you have never actually raised a complaint with them if they have signed for your letter. This may be helpful if you consider Court action or some form of formal / managed dispute resolution in the future.
Alternatively, you may consider obtaining a Certificate of Posting - from the Post Office - when you post your letter. Although this does not prove delivery, it can help to show that you sent a letter, on a particular day, to a particular address.
There are sample letters available on our website which you may find useful at the following link:
http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/cancelling_a_distance_sales_contract_goods

The service offered by PayPal is to transfer payment from one party to another. They are not responsible for policing the transactions between parties, so any assistance they offer is at their own discretion, or as specified in their own terms & conditions of service.

You may be able to raise a dispute with PayPal; you should read through the terms and conditions of your PayPal agreement in order to establish how to go about this.

tomwakefield

ruthem215 wrote: »

Thanks thats really good to know. Hope this helps the OP too. Original payment method was paypal.

File a dispute in paypal. They should reverse the original payment (though at times they seem to be a law in their own right)

As for the email, the key points are these

ruthem215 wrote: »

There are other terms that consumer law states should be part of a contract - these are called implied terms - also known as your statutory rights. These statutory rights are automatically included in any agreement you have with a seller and don’t have to be written down. If you are a consumer and you are making a contract with a seller, the seller cannot take these rights away from you.

As far as you are concerned, the fact that Little Mistress' T&C say they won't give a refund is not enforceable, as they are trying to take away your statutory right to a refund.

ruthem215 wrote: »

When you enter into a contract with a trader by means of a distance communication (telephone, internet, mail order etc.) you will often have cancellation rights under what is known as the Distance Selling Regulations. These state you are entitled to a written notice confirming the details of your order and the fact you have cancellation rights. If you have been given the notice at the time you place the order, your cancellation rights run from the time of order until 7 working days starting from the day after you receive the goods. If you have not been provided with this written information, your cancellation rights are extended for up to 3 months and 7 working days. To cancel you must inform the trader of your intention, either by letter, email or fax - where you may ask for a full refund (including any delivery charges). The trader must provide this refund within thirty days. To be effective, your cancellation notice must be sent before the end of the cancellation period described above.

Normally, you have 7 working days to tell an online store you want to return your order. However, they have the obligation to provide you with details of your rights in a durable form (i.e. a form that they can't change once you have a copy, so it could be an email, or a bit of paper in your order, but it can't be a webpage). Until they have provided you with that information, the 7 day countdown doesn't start, for a maximum of 3 months. Since they can't given you the relevant information, they can't argue that you have passed the time limit to return under distance selling regulations.
(if you had, then you would have not a statutory right to return, so they could then impose their own conditions).

ruthem215 wrote: »

The trader may ask you to return the goods and / or pay return costs, but can only do so if this was made clear in the written information:

They've given contradictory information (banner advert vs T&C) - I would expect this to go in your favour.

ruthem215 wrote: »

Refunds should be given in same format items are paid for

So, in your case, it must be a refund through paypal, not a credit note.

ruthem215 wrote: »

We would advise to log a formal complaint in writing to the company after discussing it with them, by recorded delivery, keeping a copy and setting a deadline for a response, stating what it is that you are looking for from them under your statutory rights.
In addition, sending your letter by “recorded delivery” will provide you with proof of posting; a signature on delivery and online confirmation of delivery.

This is basically a letter to the company, but sent through the post rather than email. The key to a good letter is to stick to the facts, and do not include any overly emotive phrases, or anything that could have happened as a result of the company's failure but didn't. Also put what would you like to happen, but make it reasonable (i.e. don't claim for massive amounts of compensation over and above any actual financial loss).

ruthem215 wrote: »

The reason we suggest this, is just in case you and the trader fail to reach an amicable resolution. Having a record of your correspondence, and confirmation of delivery, could help demonstrate how and when you attempted to resolve the dispute yourself, should you need to escalate your complaint. Furthermore, the trader would find it difficult to maintain that you have never actually raised a complaint with them if they have signed for your letter. This may be helpful if you consider Court action or some form of formal / managed dispute resolution in the future.

The letter demonstrates you've tried to resolve the issue, and they can't deny any knowledge of the problem because they've signed for the letter. If it should go any further (e.g. if you consider small claims court) then that will go in your favour.

Aki123

Hi Ruthem125

So sorry to hear you're having problems. When I quoted the distance selling regulations in my email, they replied that 'on this occasion' they would refund onto my credit card for the sale items. I haven't checked it yet, but I'm trusting they've done it.

I would go back to them with that, and also threaten to report them to Trading Standards.

Hope you get your money back

tomwakefield

As another option, social media can do wonders for making a company sort out problems. They list their twitter and facebook details on their homepage. A public message (ideally twitter, as I think they can delete posts from their facebook page) may help.

ruthem215

Very interesting thank you for your help will Keep you posted to my outcome! Fills me with some hope Aki123 that they said they Would refund let me know if they did. Tomwakefield you have been most helpful x

frugal_mike

Personally I would advise against using a tracked (signed for) service if sending them a cancellation letter. If they refuse to sign for the letter then they can prove they didn't receive it. Get a certificate of postage, which will prove you posted a letter to their address on a specific date. The balance of probabilities would be in favour of it being delivered.