What are my refund rights from someone who claims they do not refund?

Sowffle

My sister is turning 18 this week. I helped her order an 18+ validate card (a form of ID) on the 3rd June (the application was sent off via 1st class post). She paid an extra £10 to receive it within 5 working days of the application being processed.

We still had not received the card today so phoned Validate UK to enquire. The customer adviser said that the cards do not get dispatched until just before the person turns 18 and that the quicker postage does not apply (supposedly it only applies to the 16-18 card but it did not stipulate this on the website).

We explained that we had paid extra to ensure the card was received early and requested a refund but she insisted they do not issue refunds.

What are my rights? It was paid for via debit card online, the T&Cs state no refunds but does not state the express postage does not apply to the 18+ card.

wealdroam

Sowffle wrote: »

My sister is turning 18 this week. I helped her order an 18+ validate card (a form of ID) on the 3rd June (the application was sent off via 1st class post). She paid an extra £10 to receive it within 5 working days of the application being processed.

We still had not received the card today so phoned Validate UK to enquire. The customer adviser said that the cards do not get dispatched until just before the person turns 18 and that the quicker postage does not apply (supposedly it only applies to the 16-18 card but it did not stipulate this on the website).

We explained that we had paid extra to ensure the card was received early and requested a refund but she insisted they do not issue refunds.

What are my rights? It was paid for via debit card online, the T&Cs state no refunds but does not state the express postage does not apply to the 18+ card.

Are you sure the express postage doesn't apply to the 18+ card?
It strikes me that it does apply to the 18+ card, but only if you order it after turning 18.

In their FAQs they do say:

I am not 18 for 2 months can I apply for my card now?

Yes you can but we will hold it here and send it to you in time for your 18th birthday.

If you had read that then you may well have realised that it wasn't worth paying the extra tenner.

Think about it... it would be rather silly of them to send a 18+ card to someone who was still 17 years old. Rather defeats the objective.

Sowffle

It would not be silly as it states what date she is due to turn 18. Somebody might have booked a holiday and want it early so that everything is sorted.

I don't see why I should have read the FAQs when the order form clearly asks you to choose which card you want, when you want it by and also asks for your date of birth.

They are ripping people off by giving them options but not telling them until the payment has been processed that they actually aren't able to use the 5 working day postage.

shaun_from_Africa

Sowffle wrote: »

It would not be silly as it states what date she is due to turn 18. Somebody might have booked a holiday and want it early so that everything is sorted.

It appears to show the DOB but it doesn't directly state the date when the holder turns 18 although it wouldn't be difficult to work it out.
However, someone just glancing at the card and photo might not bother checking the DOB as the front of the card clearly states 18+ in very large font.



I do agree that if they are not able to provide the 5 day shipping service then they shouldn't have their system set up so that it can be paid for.

bris

Makes sense, getting a 18+ card could potentially open them up to a legal technicality.


Your reason might be valid but how do they know that? What if they use it to get into a nightclub and drink their selves to death, do you see where this is going?

daytona0

wealdroam wrote: »

Think about it... it would be rather silly of them to send a 18+ card to someone who was still 17 years old. Rather defeats the objective.

Although in fairness it says "in time for your 18th birthday" which makes me wonder what the purpose of the "quicker" delivery is in this instance!

Unless those FAQ answers relate to the express postage, it is basically saying that you will get your 18+ card ON OR BEFORE your birthday if you choose standard delivery. OP should therefore be refunded the postage for premium, as there is no difference!

sheramber

But you applied for a card for those 18+, not for someon shortly to be 18.

wealdroam

daytona0 wrote: »

Although in fairness it says "in time for your 18th birthday" which makes me wonder what the purpose of the "quicker" delivery is in this instance!

It makes me wonder why the OP ordered the express postage service.

daytona0 wrote: »

Unless those FAQ answers relate to the express postage, it is basically saying that you will get your 18+ card ON OR BEFORE your birthday if you choose standard delivery. OP should therefore be refunded the postage for premium, as there is no difference!

I agree... a refund of the express postage charge is due.

It was probably refused because their customer services people are programmed to say that.
They are probably taught to say that because they are supplying a personalised identity card, and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 specifically allows them to exclude the cancellation option for personalised goods/services.

However, the express postage charge should be refundable, but getting that point across to Validate UK may well require a letter before action.

shaun_from_Africa

I've never had to ask for a chargeback myself so don't know if a partial one is possible but this might be worth looking into.


Contact your card issuer and tell them that you paid £5 for express delivery and at no time before paying were you told that this couldn't be provided for the goods you were buying.
It might well state or imply it in the FAQ's but you are under no obligation to read these or to state that you have read them before paying.

Nessun_Dorma

bris wrote: »

Makes sense, getting a 18+ card could potentially open them up to a legal technicality.


Your reason might be valid but how do they know that? What if they use it to get into a nightclub and drink their selves to death, do you see where this is going?

The date of birth is clearly displayed on the card. It is up to the licensee to check and they can't work out how to calculate when someone reaches eighteen, based on their date of birth, they should be allowed a licence in the first place.

Country_Cousin

Nessun_Dorma wrote: »

The date of birth is clearly displayed on the card. It is up to the licensee to check and they can't work out how to calculate when someone reaches eighteen, based on their date of birth, they should be allowed a licence in the first place.

Well to a degree yes. But I am guessing 18+ is a well recognised organisation for issuing ID cards and if they start issuing 18+ cards to people who are 17 then it would reduce the validity of their business.
I am guessing the card is needed to start birthday celebrations early and hence the rush.
I cannot see any issue with holidays because surely you take your passport as your ID and extra is not required...