Arguing with online retailer - am I in the right?

unholyangel

visidigi wrote: »

Couriers don't keep going till they find you - they move on and come back to you. One missed delivery commitment is alot less hassle for them than all the others he had to do after you missing commitment too.

Again, say for example there has been an accident on the way to your delivery that held him up for two hours - thats outside of his control...I suspect its this sort of information which form the defense of the retailer collating up their 'evidence'.

Circumstances outside of their control would only permit them to end their liability with the return of prepayments though.

As opposed to circumstances within their control - where they could also be liable for damages incurred by OP.

deaston

naedanger wrote: »

I don't think they will argue that the faulty telephone number was the cause of the delay. If they do then ask for details of what happened e.g. what was it they could not find - the town, the street, the house, and when did they first realise they had a problem and what did they do between then and actually finding your house. It seems like you would be able to tear their argument to shreds. (If you need to take them to court print maps and pictures from street view to show the location etc, and point out any inconsistencies in their argument.)

Great advice. Although the seller is going to wait for 28 days before he replies to my request for a refund, so it'll be a while before it gets that far.

unholyangel

deaston wrote: »

Great advice. Although the seller is going to wait for 28 days before he replies to my request for a refund, so it'll be a while before it gets that far.

Have you reminded him that under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 he has 14 days from receiving your cancellation to issue a refund?

deaston

unholyangel wrote: »

Have you reminded him that under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 he has 14 days from receiving your cancellation to issue a refund?

I haven't - I didn't know that. Thanks.

He said "We have 28 days (legally) if thats how you want to peruse the matter." so I assumed he knew about this stuff.

wealdroam

deaston wrote: »

I haven't - I didn't know that.

I'm surprised.

If you read MSE's Consumer Rights guide you will see:

The seller must then pay back any cash within 14 days of it receiving the goods or being told you want to cancel a service or digital contract.

unholyangel

deaston wrote: »

I haven't - I didn't know that. Thanks.

He said "We have 28 days (legally) if thats how you want to peruse the matter." so I assumed he knew about this stuff.

He clearly doesn't or he'd know that in order to deduct £59 return costs from your refund (whether the cost is "reasonable" or not), he would need to have quoted this cost to you prior to a contract existing.

Never assume that a retailer is following the law - always check. Many people seem to be under the impression that retailers (especially the bigger ones) never do anything unlawful or illegal - in my experience, they're some of the worst culprits.

visidigi

unholyangel wrote: »

Circumstances outside of their control would only permit them to end their liability with the return of prepayments though.

As opposed to circumstances within their control - where they could also be liable for damages incurred by OP.

So they would be required to return the £10 for the next day delivery. As the standard delivery was free and the cancellation is due to a change of mind...Its unreasonable to reject an order when the OP failed to provide a working phone number.

unholyangel

visidigi wrote: »

So they would be required to return the £10 for the next day delivery. As the standard delivery was free and the cancellation is due to a change of mind...Its unreasonable to reject an order when the OP failed to provide a working phone number.

Why is the working phone number such a big issue? As above, parcels are not delivered to phone numbers, they're delivered to addresses. Addresses appear on maps & GPS - phone numbers don't.

naedanger

visidigi wrote: »

Its unreasonable to reject an order when the OP failed to provide a working phone number.

Surely the fact the number was wrong is completely irrelevant unless the supplier actually tried to call the number?

wealdroam

deaston wrote: »

Something I forgot to mention is the phone number I gave was incorrect (one digit missing)...

deaston wrote: »

Ok, I did get a digit wrong on the phone number (I put 01******** instead of 07*******)...

You really need to be consistent.