Refund rights?? Courier damaged returned item

cupcake1973

Hi, I have an ongoing dispute with a company that supplied me with a new radiator for my car. Keeping a long story short, I ended up returning it unused for a refund (less the agreed restocking fee due to over 7 days)

However, the company said it arrived damaged from the courier and so they can't give me any refund.

When I asked if they signed for it as damaged, they said that the people next door took it and signed for it.

What are my rights for getting a refund of any kind? It was paid for on credit card if that makes any difference.

Thanks
Sadie.

bebewoo

Who provided the courier, was it you or them?

cupcake1973

I did. Sent the item back at my expense

Should I just claim from courier instead?

bod1467

Was this an online retailer? (For the radiator). Did you order online or over the phone? (i.e. at a "distance")

If yes then DSRs apply and there should be NO restocking fee. Also they cannot withhold a refund simply because goods are not returned or are not returned in a resalable condition.

How much was the item and how did you pay?

frugal_mike

bod1467 wrote: »

Was this an online retailer? (For the radiator). Did you order online or over the phone? (i.e. at a "distance")

If yes then DSRs apply and there should be NO restocking fee. Also they cannot withhold a refund simply because goods are not returned or are not returned in a resalable condition.

How much was the item and how did you pay?

Well the DSR's would only apply if it was cancelled within the cooling off period (assuming this wasnt an excempt contract). OP says it was outside the '7 day period', so its not clear whether the distance selling regulations apply or not.

Cupcake1973, the Distance Selling Regulations give you a minimum of 7 working days to cancel starting the day after the items are delivered. If the company failed to notify you of your cancellation rights by durable means (terms on a website are not durable) then the 7 working days does not begin until they do notify you, up to a maximum of 3 months and 7 working days.

Also note that the 7 working days refers to how long you have to notify the seller you are cancelling (by durable means). You don't have to return the goods in that period.

Even if the DSR's do apply you still have a duty to ensure they are returned undamaged if you posted them at your own expense. As bod1467 says they can't refuse to refund you, but they can claim the damage back from you.

OlliesDad

bod1467 wrote: »

If yes then DSRs apply and there should be NO restocking fee. Also they cannot withhold a refund simply because goods are not returned or are not returned in a resalable condition.

No, but the OP does have a duty of care for the item (and in extension the couriers who he paid). While the DSR's say the retailer must refund within 30 days, I doubt any would. In addition, any small claims attempt would be met with a counter claim that they failed in their duty of care.

OP, I would just claim from the couriers.

cupcake1973

It was outside the 7 days due to the other issues with the garage taking it outside that timeframe - hence the seller (online) agreed the restocking fee would be taken off the refund.

I have pictures provided by the seller of the condition the parcel arrived back at them in. I think I'll take it up with the courier.

thanks for the advice

zaax

if you have it in writing that is was damage during transit your claim is with the courier.