customer refuses to return item.

just-need-info

hi, this is my first post in a hope to resolve this issue with a customer of mine.
i have hired something to a customer which arrived 6 days later than it should of done for a time sensitive date, the mistake was the couriers fault and we have offered a full refund including their deposit and postage and offered to send our courier to collect from the customer at their convenient time and day. the customer.
after various emails to and throw the customer has indicated that they will not release the costume until i have refunded them in full, i need to be diplomatic towards the customer but because the item for hire was delivered to them and taken out of the packaging i need the item back to check for any damage caused, what efforts can i make to secure the safe return, many thanks in advance.

ValHaller

Take possible damage on the chin? Refund in full first. Doubtless you have lost that customer for good, but a more flexible and apologetic attitude might have convinced the customer to give you another go

ThumbRemote

Your legal options: take them to court for the costs.

Was there a deposit they paid, alongside the hire costs? Maybe offer to refund the hire costs now, but retain the deposit until the item is returned.

just-need-info

thank you both for your response, i fully take on board that the customer is not happy and i should swallow any damage caused to the item, a full refund before receiving the item back is fine in my opinion but where do i stand if they decide not to release the item for my courier to collect? as the item would of lost revenue due to not being available for other customers to hire and i certainly do not want to antagonize the customer any further at this point. many thanks.

ValHaller

If it is not released to the courier, then you have the option to sue the customer.

The core issue here is trust. By failing to deliver, you have lost the customer's trust. They now don't trust you to refund, so they are holding on to the costume as their sole point of influence over you.

Fosterdog

Could you refund half now and half once you have the costume back?

just-need-info

thank you all for your advice, i think the offer of either the hire fee or half the money back first is a very good start and will progress with this as the last thing i want to do is drag a customer through the courts.

unholyangel

If it arrived too late for the customer to use, why is it out of its packaging?

Or do you mean outer packaging for posting it?


The customer has a statutory duty to take reasonable care of the items. If he fails, you would technically be able to chase them for breach of that duty and any direct losses you reasonably suffer as a result of that breach.

just-need-info

unholyangel wrote: »

If it arrived too late for the customer to use, why is it out of its packaging?

Or do you mean outer packaging for posting it?


The customer has a statutory duty to take reasonable care of the items. If he fails, you would technically be able to chase them for breach of that duty and any direct losses you reasonably suffer as a result of that breach.

hi thank you for your advice, the item arrived 6 days later after i tried to get the item back to me, the customer signed for it opened the item and then realized it was the hired item, i really want to be as diplomatic as possible but if they have opened the item and not reported any damage how would i cover myself if it was returned damaged or not returned at all.

mattyprice4004

just-need-info wrote: »

hi thank you for your advice, the item arrived 6 days later after i tried to get the item back to me, the customer signed for it opened the item and then realized it was the hired item, i really want to be as diplomatic as possible but if they have opened the item and not reported any damage how would i cover myself if it was returned damaged or not returned at all.

The answer is above, you cover yourself by taking them to court. There's not really another way.

cookie365

So just to clarify - you haven't actually refunded the customer yet - the customer who paid you for the service you didn't provide?

You should be refunding now. You're demanding they return the item 'just in case' there's something damaged.

They have a better reason to hang on to it 'just in case' you turn out to be a crook and don't make the refund. At the moment, I can see why they might think that.