refund query and change of refund policy since purchase

tunn1909

Just a little update that i have emailed a letter and i have one ready to send recorded delivery tomorrow. Thanks to all who have replied, without your replies this wouldn't have been possible. Hopefully she will do the right thing and refund me. As soon as i am refunded (if that ever happens) I am going to report her to TS. Disgraceful company!

fozzeh

Don't forget to ask for your refund ASAP. Also include that you will issue proceedings if they do not do so within a week (although it should have been last week, I don't like going in too strongly).

Doing so is now quite easy! You have all the info you need. Just don't get fobbed off.

https://www.moneyclaim.gov.uk/web/mcol/welcome

tunn1909

Hi all, just a little update. I was refunded the day after said email and letter was sent and this was her reply:

Hello Danielle

Thank you for the information you have provided. We are well aware of the distance selling regulations, but thank you for bringing it to our attention again.

With that in hindsight, we have contacted parcel 2 go so we could gather some more information regarding the delivery information they originally gave us as we felt that if it was posted by yourself on the 18th and not signed for by us until the 30th Dec, this was an unreasonable amount of time for a courier service to deliver a parcel.

They have provided a detailed manifest of the attempted deliveries made by their service. see attached.
We can see they tried to deliver the parcel on the 24th Dec, which is a more reasonable timescale for delivery but we were actually at the post office taking the days post. As we checked our post office receipts for that day to see the time we were there.

All the other attempted deliveries were before the shop opened and the last one on the 30th Dec was successful.
Even though we didn't receive the parcel until the 30th, there was no 'while you were out card' left by them so we had no idea that there were several attempted deliveries.
If they had left a card, we would have been able to contact them directly and arrange a re-delivery, and we wouldn't be exchanging emails now!!

With all that said, you have been refunded £134.99 back into your account tonight, as Becky is certainly NOT a con!!!

Best Wishes

Beckys Dresses
Customer service

No delivery costs were reimbursed. Now on to trading standards. Thanking you all for your comments and advise, you were all a great help!

unholyangel

Glad you hear you at least got a half result.

Did you reply asking for your return postage to be refunded also as per DSRs?

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security

14. (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).


(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

She may argue its the direct cost of returning the goods however, she needs to have informed you of this (as per regulation 8) in a durable medium. I dont think you answered the earlier question of whether they were supplied in a durable medium (unless I missed it) so if she has, she may be entitled to deduct the direct cost of return postage.

tunn1909

Hi unholyangel, I didn't reply asking for return postage to be refunded and i am not sure whether the returns form stated about direct costs.

Can i ask you something else, on the 10th January, i just assumed that i had been refunded for the first instance and my sister asked me to purchase a dress for her from the same company. This was also unsuitable for my sister who asked me to return it for her. It was returned using the Royal Mail 2nd class postage service but Beckys Dresses are saying that this did not get returned within seven days and therefore after an extensive amount of emails back and forth have said my account has been credited.

This was the email that was received today:

Dear customer,

You have been issued a credit note due to the item was out of our agreed returns policy.
This returns policy, you have agreed to the terms and conditions.
The terms and conditions for a refund the items must be returned within 7 days of receiving the goods,unfortunately this has failed to be done.
By agreeing to this you have stated a contract with us to stand by this therefor you have been issued a credit note.

If the customer did not wish to stand by the rules of our returns policy there is time to either cancel the order.
We recommend our customers send the item recorded delivery due to if this is a delay due to royal mail some fees may have been claimed back to your self.

We apologies for the inconvenience this may have caused.

Your code:

DT60

Kindest regards.

Best Wishes,

Beckys Dresses
Customer Service

How should i approach my reply to this, sorry to bother all again.

Thanks Danielle

unholyangel

Did they notify you of your rights in a durable medium and if so did you notify them within the 7 working days (starting the day after delivery)?

If they didn't notify you then as before (at least I think this has been mentioned) you have up to 3 months and 7 working days to notify you.

If the notice of cancellation was sent correctly then they must refund you within 30 days of that cancellation - regardless of when they receive the actual goods back. There is no requirement within the DSRs to send the goods back within the 7 days (although they should be changing shortly so you have 14 days - not working days - to cancel, 14 days from cancelling to return goods and then 14 days from receiving goods back for the retailer to refund).

arcon5

Importantly, it's 7 working days! Not 7 days.

If they didn't receive within that time and their policy now compliant then sadly you have no redress

frugal_mike

How did you cancel, simply by sending the clothes back with a returns slip? If so do you have proof of when you posted it? Cancellation happens on the day you send it, not the day they receive it.

tunn1909

no durable medium sent and i did infact notify them through an email explaining that i had returned the item on the 7th working day. I sent the dress back with a returns slip and i have a receipt from the post office, whereby i posted the item back using a 2nd class postal service. Thus being said it still should have been with them within 7 working days and this is allowing 3 working days for delivery. I sent it on the 17th and assume it would have been received on the 22nd January.

bod1467

If they did not send YOU anything (either with the order acceptance email, despatch email or with the item itself) that explained your cancellation rights then they have not notified you via durable means. (Their website T&Cs, even a link to them in an email, does not constitute durable means).

Thus you would have 3 months and 7 working days to notify them of cancellation. In which case you would have already complied with the DSRs.

Bear in mind - their T&Cs CANNOT contract out your statutory rights. So even if they say something different, and you have accepted their T&Cs, it doesn't matter ... the LAW overrides their T&Cs.