Worktop Express delivery times and refunds

smip1234

I arranged delivery last Friday over the phone with Worktop Express when I paid for my order of 2 lengths of worktop. They gave me verbal reassurance that a first thing AM delivery on Tuesday this week was possible and I placed the order on this basis having cleared that I would be able to be at home to receive it. I spotted on their confirmation that they had instead given me an afternoon delivery slot which I had made clear on the phone was a no-go. They're not easy to get hold of - phone voicemail goes to engaged tone. Eventually managed to speak to them when they opened on the Tuesday morning, persuaded them that my neighbours really wouldn't want to hold 2x 3m lengths of heavy worktop. They told me they would confirm in writing to switch delivery to Thursday. They did this and confirmed in writing they would waive any additional charge. They then emailed 2 hours later to say management had reconsidered and they wanted to charge an additional £25 as redelivery fee. They wrote they never make AM deliveries! I explained they hadn't come to the property to deliver in the first place and they told me it was a fee to put it on the van! I requested to cancel the order and have a full refund (£430) . They told me in writing that they agreed to my request. Today they write to confirm the refund as £390 and that £40 is deducted as a delivery charge. This is surely a partial refund and they never delivered anything or even tried to as I managed to get them early on Tuesday.
So heads I Iose £25 or tails I lose £40. Are they allowed to do this? Am I within my rights to insist on the full refund? Does it make any difference that they have stated one thing to me in writing and then gone back on it? Thanks.

smip1234

I paid £430 by credit card which they took. They will have the use of my money for the next 2 weeks. Can I legitimately claim interest for the use of my money over the time duration?

shaun_from_Africa

smip1234 wrote: »

I paid £430 by credit card which they took. They will have the use of my money for the next 2 weeks. Can I legitimately claim interest for the use of my money over the time duration?

I believe that under the Consumer contract regulations, the retailer has up to 14 days to refund any money owing.
Even if you were entitled to claim interest, on £430 for 2 weeks at a generous 2%, you would receive about 33p before tax.

unholyangel

Providing its not an exempt item (ie that they were cut to lengths of your specification rather than a standard option offered by the retailer), you have rights under the consumer contract (information, cancellation & additional charges) regulations.

Those regulations give you 14 days starting the day after delivery to notify the retailer you wish to cancel. The retailer has to refund all monies paid except for deductions that the regulations themselves allow (they're allowed to make a deduction if they informed you that you would be liable for return postage costs but instead you return it at their expense and they can also make a deduction if your handling goes beyond what is reasonable but again, they can only do this if they have complied with providing you information about your cancellation rights under the CCRs).

The regs even specifically state:

Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(3) In that case, the trader must reimburse any payment for delivery received from the consumer up to the amount the consumer would have paid if the consumer had chosen the least expensive common and generally acceptable kind of delivery offered by the trader.

(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.

smip1234

Thanks for clarifying the situation around delivery fees which would be fair if the goods had been delivered and I cancelled. But I never got the lengths of worktop - they promised verbally an early AM delivery, but then claimed in writing they don't do AM deliveries when I raised this with them. There was no point in them trying to deliver and I alerted them to this to avoid them wasting their time coming to an empty property. They are claiming a £40 fee for loading onto and off their van and calling it a delivery fee even though the worktop never left their premises and they didn't attempt to come to my home. Are there regs to cover this scenario? Do I have any rights to insist on the full refund? Had I decided to go ahead and attempted to rearrange a delivery date they also would have claimed another £25, even though the original delivery was never made. It seems like a scam to me so I'd like to take it further if the regs support it. It seems from other forums that the reviews Worktop Express have on their website are not representative of everyone's experience dealing with them.
Thanks.

unholyangel

smip1234 wrote: »

Thanks for clarifying the situation around delivery fees which would be fair if the goods had been delivered and I cancelled. But I never got the lengths of worktop - they promised verbally an early AM delivery, but then claimed in writing they don't do AM deliveries when I raised this with them. There was no point in them trying to deliver and I alerted them to this to avoid them wasting their time coming to an empty property. They are claiming a £40 fee for loading onto and off their van and calling it a delivery fee even though the worktop never left their premises and they didn't attempt to come to my home. Are there regs to cover this scenario? Do I have any rights to insist on the full refund? Had I decided to go ahead and attempted to rearrange a delivery date they also would have claimed another £25, even though the original delivery was never made. It seems like a scam to me so I'd like to take it further if the regs support it. It seems from other forums that the reviews Worktop Express have on their website are not representative of everyone's experience dealing with them.
Thanks.

The above part of the consumer contract regulations (that i quoted) is what covers this scenario.

Reimbursement by trader in the event of withdrawal or cancellation

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

Ok so this paragraph explains that they must reimburse all payments, other than those you paid for delivery subject to paragraph 10 (which is in relation to the customers unreasonable handling diminishing the value so it does not apply here).

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

This paragraph relates to the money you paid them for delivery. If it was their standard delivery option, they need to refund it in full. If you chose an enchanced service (ie next day delivery), then they must refund whatever the standard delivery charge is but can keep the rest.

So....if you paid £380 for the goods, £50 for next day delivery and their standard delivery was £10....you would be due a refund of £390. (as they would be able to deduct the extra £40 you paid for enhanced delivery).

If you paid £430 for the goods and delivery was free (whether it was their standard or enhanced service), then they are due you £430 refund.

If you paid £390 for goods and £40 for their standard delivery option, you are due a refund of £430.


I'm assuming - given the quantity and price indicated that each worktop cost more than £100? If so, you have the same claim against your card company that you do the retailer. You can either go straight to your card company and start a section 75 claim (section 75 of the consumer credit act) or you could also try highlighting the above to the retailer, along with the fact that if they do not issue a refund themselves, you reserve the right to use section 75 of the CCA or to issue legal proceedings against them.