Retailer refusing to refund money

Spectralis

I purchased a memory card and an adapter from MyMemory on 26 June 15. I received the adapter but I still have not received the card. I contacted them and was told the card is in the post and I can only get a refund if the parcel is assumed lost from 20 July 15.

I want a refund now because I have waited two weeks for this card to arrive and I do not want to wait any longer. Until I get a refund I can't purchase this product elsewhere. I think MyMemory advertised this product for sale but they did not have it in stock which is why it did not arrive with the other package.

I paid by Paypal so can I request a refund for part of this order from them?

What are my rights in this case?

CoolHotCold

They have 30 days to refund, be patient.

wealdroam

CoolHotCold wrote: »

They have 30 days to refund, be patient.

I think you'll find that they have 14 days from the date they were notified of order cancellation.

See here:

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—
(a) the day on which the trader receives the goods back, or
(b) if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

Of course things may be different if the OP hasn't cancelled the order yet.

Helix

Spectralis wrote: »

I think MyMemory advertised this product for sale but they did not have it in stock which is why it did not arrive with the other package.

My Memory are based in Jersey, so they send items separately to keep them under the £15 limit for paying VAT.

daytona0

Spectralis wrote: »

I purchased a memory card and an adapter from MyMemory on 26 June 15. I received the adapter but I still have not received the card. I contacted them and was told the card is in the post and I can only get a refund if the parcel is assumed lost from 20 July 15.

Sounds like one of those Royal Mail lost item claims - they take about 30 days before a seller can put one in and so they hold out as long as possible to ensure that the item IS lost and they don't lose out on money. Or maybe because the post can take a long time in rare occasions.

Sadly, can't offer you much assistance aside from suggesting that you check your local post/sorting office to see if your item is being held there, or maybe even check with neighbours etc. You never know...

shaun_from_Africa

Helix wrote: »

My Memory are based in Jersey, so they send items separately to keep them under the £15 limit for paying VAT.

There is no £15 limit for postal imports from Jersey (or any of the other Channel Islands) due to the Low-value consignment relief being removed in April 2012 and anything imported into the UK from there is liable for VAT irrespective of its value.

Spectralis

Thanks for your replies. I suppose I will have to wait until the 20th July then? I see no reason why MyMemory couldn't send the products together apart from the reason that they didn't have it in stock or one of the products was sent via the manufacturer. The product I received was one of their generic adapters and the "delayed" product is made by a third party company. If that's the case then the question I would like answered is why are companies allowed to advertise and sell off the shelf products that they don't have in stock? There seems to be no way to regulate this kind of unscrupulous practice.

I think it's disgraceful that nearly two weeks after I received the last package I have to wait another two weeks before I can get a refund. I have never received an order through the post that is two weeks late, let alone a month late, so the claim that it might turn up is nonsense. I think this kind of distance selling is a scam and needs to be regulated because it leaves customers like me in limbo without either the product I ordered or any way to get my money back to order it elsewhere.

Who knows how long it will take them to refund me? Based on their current attitude they'll probably claim that all refunds take a month to clear or some such nonsense. The confusion over distance selling regulations in this thread is an indication of how easy it is for retailers to get away with poor customer service. After I get my money back I will never deal with this company again.

wealdroam

Spectralis wrote: »

Thanks for your replies. I suppose I will have to wait until the 20th July then? I see no reason why MyMemory couldn't send the products together apart from the reason that they didn't have it in stock or one of the products was sent via the manufacturer. The product I received was one of their generic adapters and the "delayed" product is made by a third party company. If that's the case then the question I would like answered is why are companies allowed to advertise and sell off the shelf products that they don't have in stock? There seems to be no way to regulate this kind of unscrupulous practice.

I think it's disgraceful that nearly two weeks after I received the last package I have to wait another two weeks before I can get a refund. I have never received an order through the post that is two weeks late, let alone a month late, so the claim that it might turn up is nonsense. I think this kind of distance selling is a scam and needs to be regulated because it leaves customers like me in limbo without either the product I ordered or any way to get my money back to order it elsewhere.

Who knows how long it will take them to refund me? Based on their current attitude they'll probably claim that all refunds take a month to clear or some such nonsense. The confusion over distance selling regulations in this thread is an indication of how easy it is for retailers to get away with poor customer service. After I get my money back I will never deal with this company again.

'The confusion over distance selling regulations' could be further compounded when one considers that your seller's obligations are defined in Jersey law.
For the same reason, seeking a remedy may not be that easy either.

Putting that aside for one moment, if you are looking to change legislation, then your first stop should be your MP.

Le_Kirk

What I would like to know is; where are all these LOST or UNDELIVERED items? There are so many reported on this forum [other forums (fora) are available] that one could be forgiven for thinking that there is a gigantic pile of parcels and letters somewhere!

AJXX

Le_Kirk wrote: »

What I would like to know is; where are all these LOST or UNDELIVERED items? There are so many reported on this forum [other forums (fora) are available] that one could be forgiven for thinking that there is a gigantic pile of parcels and letters somewhere!

You'll probably find them in your local postmans house.

As a former eBay seller I can't tell you how many claims forms I had to submit to the Royal Fail for "misplaced" items.

Nessun_Dorma

Le_Kirk wrote: »

What I would like to know is; where are all these LOST or UNDELIVERED items? There are so many reported on this forum [other forums (fora) are available] that one could be forgiven for thinking that there is a gigantic pile of parcels and letters somewhere!

In reality, there probably is, in varying sorting offices and courier depots, up and down the country. Undeliverable letters are stored for years, without being actioned and the parcels are eventually auctioned off.