SportsDirect and the (English) Law

Halifax_sux

SportsDirect and the (English) Law

I purchased some trainers in a sale from SportDirect online.
The MSE Consumer Rights guide at:
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#web
section: Buying on the web, mail order ...
sub-section: Type of purchase
says "Buying something costing more than £42 ..."
What about for sales under £42, in my case £38.47, for two items (inc postage)?

Hence, i feel far less confident of my position.

Previously:

This purchase was made from SportsDirect on 22-sept-2014 and was cancelled on 26-sept-2014 - well within the 7 days cooling-off period permitted under the Consumer Protection (Distance Selling) Regulations 2000. However, SportsDirect are refusing to give me a refund. I paid with Paypal and debited a NatWest MasterCard.

SportsDirect have totally ignored me when i quote the "cooling off period" permitted under the UK Distance Selling Regulations detailed at:
http://www.out-law.com/page-430#Return
and keep quoting their own T&C's (i have to pay for a return courier & within 28 days for a refund or return to one of their shops for an in-store [ONLY!] credit note).

The last email i received from SportsDirect basically said that SportsDirect had told me their position; that they weren't going to reply to any more of my emails and that i could speak to the CAB. In other words, to stick my complaint in my ... ear.

I would like my money back, any suggestions please?

Captaincodpiece

Have you returned the shoes yet?

frugal_mike

The Distance Selling Regulations gave been superseded by the Consumer Contracts Regulations. You now get 14 to cancel the contract once the goods are delivered, and then 14 days from the point of cancellation to send the goods back. However this limit is much longer if they failed to inform you of the information the law requires them to provide in durable form.

Your refund must be for the full price you paid and in the same form that you paid, so no credit notes unless that is how you paid.

Did you receive the shoes, and if so did you return them after the cancellation? Also, what information did they send you (by email or letter)?

Halifax_sux

No.

They said i had to pay for a courier to return them, yet the guide i mentioned says:

"The consumer is under no obligation to deliver the goods to the supplier"
...AND...
"Note that failure by a consumer to return goods will not permit the supplier to delay in making a refund."
...AND...
"If the supplier fails to request the return of the goods within 21 days following cancellation of the distance contract, the consumer's obligation to take reasonable care of the goods ceases at the end of the 21 day period."

wealdroam

Halifax_sux wrote: »

No.

They said i had to pay for a courier to return them, yet the guide i mentioned says:

"The consumer is under no obligation to deliver the goods to the supplier"
...AND...
"Note that failure by a consumer to return goods will not permit the supplier to delay in making a refund."
...AND...
"If the supplier fails to request the return of the goods within 21 days following cancellation of the distance contract, the consumer's obligation to take reasonable care of the goods ceases at the end of the 21 day period."

I can't see any of your quotes in that article.

But here is one I did find:

You'll also usually be asked to pay for return delivery, unless the seller doesn't say this in its T&Cs, or the goods were faulty.

Not sure where that £42 comes from though.

Captaincodpiece

Your link says

If the consumer has received the goods before cancelling the contract, the consumer will be under a duty to restore those goods to the supplier and, in the meantime, to keep them and take reasonable care of them. This duty to take reasonable care ends if the consumer (at his own expense) sends the goods to the supplier. The consumer is under no obligation to deliver the goods to the supplier except at the consumer's own premises and in pursuance of a written request by the supplier.

Halifax_sux

frugal_mike:

Yes, i received the shoes.
No, i did not return them, i kept them safe (see previous post).
They said (email) that i had to return the goods at my own expense and the suggested / recommended by registered post.

The only letter was me saying cancel, this was a copy of my email (saying if one gets lost ... but not both).
No reply to letter.
Did reply to email.

agrinnall

I'm not fully up to speed on the CCRs but certainly under the DSRs you would be liable to pay for the return, and it's pretty reasonable that they won't refund your purchase costs until they have got the goods back. The only thing I would say is that they probably can't insist on you using a courier, so if you can find a cheaper way that you feel is secure enough to get there then you should be able to use that.

Edit: overlapped with your reply saying they'd be happy with RM, so I suggest that's what you use - it might even be cheaper now that they have reduced their Small Parcel price.

visidigi

Halifax_sux wrote: »

frugal_mike:

Yes, i received the shoes.
No, i did not return them, i kept them safe (see previous post).
They said (email) that i had to return the goods at my own expense and the suggested / recommended by registered post.

The only letter was me saying cancel, this was a copy of my email (saying if one gets lost ... but not both).
No reply to letter.
Did reply to email.

Sorry, you're wrong. You changed your mind about the purchase, SD are clear you have to pay to return. You need to return within the 28 days period they outline (this is not an unfair term) - now that you haven't you now have a £38 pair of shoes you don't want and SD are under no obligation to do anything in the current situation.

Captaincodpiece

Halifax_sux wrote: »

frugal_mike:

Yes, i received the shoes.
No, i did not return them, i kept them safe (see previous post).
They said (email) that i had to return the goods at my own expense and the suggested / recommended by registered post.

The only letter was me saying cancel, this was a copy of my email (saying if one gets lost ... but not both).
No reply to letter.
Did reply to email.

So does the link you posted so why haven't you done so?

wealdroam

If you are quoting from that 'out-law' link, then bear in mind that it was written about the Distance Selling Regulations... which as you know have been superseded.