Confused over how long to wait for a refund.

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Hi all,

I need some advice about waiting for a refund as i seem to read conflicting amounts of time, according to the consumer rights act it says 14 days, when i read another link at resolver it says they have 30 days, so which is it?

Background situation:

Order placed over Internet on 2/12/15

Delivered on 4/12/15

Notified company by email on 14/12/15 that i want to return as items are not what i expected, automated response received to acknowledge my email received.

Company acknowledges my request on 18/12/15 & says return items to their fulfilment company.

Goods returned to company fulfilment center on 5/01/16 + notified company by email on same day that goods had been returned to the fulfilment details provided. Automated response received to acknowledge my email received.

12/01/16 still no response from company so ring them to find out what is going on. Say to me oh we were not aware the items were returned, however we will contact fulfilment company to ask them and check. I'm being taken for a mug right now as this is a MAJOR fulfilment company they use and as we use the same company i know that we are informed of returns the day they come in, anywho not in the mood for an argument so i just say ok not a problem.

Get a call back the next day (13/01/16) saying that yes warehouse has received the returns and they will have to check them, I know returns are checked the moment they arrive into the warehouse, but anyway i just say ok how long for my refund, i get told as soon as it has been checked, i say ok.

On 21/01/16 i get an email saying that they have received my returns and specifically it says:

"We will refund your credit/debit card as soon as your return has been checked and at the latest within 30 days from the receipt of your return notification."

Now my patience is starting to wear thin, i have not contacted them since the calls on 12/01/16 as i didn't want to lose my cool for no reason. But here we are on 13 Feb and no refund (£2538.97). Whichever way we look at it, it's been over 30 days since i returned the items and using the excuse of the warehouse is pathetic, today i have received 3 notifications from the same fulfilment center of 3 orders that were returned and received by them today at 12.30 and i got notified of the returns at 14.00 and at 14.30 a full break down of what was in the returns and condition report, so their excuse is inexcusable.

According to the sites return policy they accept returns within 90 days for any reason.

According to the general T&C's it says the following:

If you are a consumer you have the right under the Distance Selling Regulations to cancel the contract within seven days of receipt of the goods and receive a full refund. To exercise this right please email xxxx with details of the cancellation and return your order to us. If you cancel your contract in this way and the goods are returned we will refund any payment made when ordering, including your delivery charge, within 30 days of receipt of the cancellation.

So do i give them till 21/02 to refund or do i ring them now and tell them it's been over 30 days?

At this stage i don't wish to reveal the company involved, however they are a large company so no fear of them doing a runner, besides got it covered with credit card if they do.

Comments

  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    Their T&Cs are wrong.
    The thirty days they mention changed to fourteen days with later legislation.

    Your simple solution is to contact your card issuer (was it a credit or debit card?) and ask them for a chargeback.

    Have a read of MSE's Chargeback article first.

    Was this a business purchase or were you buying as a consumer?
  • dagsky
    dagsky Posts: 90 Forumite
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    I purchased this as a consumer, from a consumer website. I did however purchase multiple units of the item as i intended on giving them as christmas gifts. They did call me to review my order at the time as it was out of the norm & when i explained i wanted to give them as gifts they went ahead and processed the order. I have been invoiced to my personal name & used my personal card. I used my cc for the order.

    Before going down the route of a charge back i'd like to contact them first and let them know that they are not complying with the law but don't know what to quote them. And i would like to give them an ultimatum for a refund as i may have it resolved faster then waiting on my bank (HSBC CC) who seem to have these claims handled from foreign call centers and trying to explain the issue to them, the last time i had to do this i found it more frustrating dealing with HSBC than the rouge retailer who eventually refunded before HSBC did anything.
  • dagsky
    dagsky Posts: 90 Forumite
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    I might add that i would also like to seek compensation for the delayed refund as i have now incurred interest charges on my cc.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    It's all in here, which is also at the top of this page.

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

    Quote the Consumer Rights Act 2015.
  • [Deleted User]
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    dagsky wrote: »
    the rouge retailer
    In the RED, I expect? :D
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    agrinnall wrote: »
    Quote the Consumer Rights Act 2015.
    I think it was The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that changed the time allowed for a refund to be processed.

    In particular, Regulation 34 which covers "Reimbursement by trader in the event of withdrawal or cancellation".
  • dagsky
    dagsky Posts: 90 Forumite
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    ok according to the link above it says 14 days. So going by the link above & the Consumer Rights Act i shall drop them an email on Monday and see what happens. If i said

    " According to you T&C's you state that refunds shall be issued as soon as your return has been checked and at the latest within 30 days from the receipt of your return notification, I am sure that a Company of your size is well aware of The Consumer Rights Act 2015 which came into effect on 1st October 2015 which cleary states Refunds are to be issued within 14 days.

    Am i by law able to get them to cough up the interest charges as a result of this delay or does that come down to goodwill gesture?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    dagsky wrote: »
    ok according to the link above it says 14 days. So going by the link above & the Consumer Rights Act i shall drop them an email on Monday and see what happens. If i said

    " According to you T&C's you state that refunds shall be issued as soon as your return has been checked and at the latest within 30 days from the receipt of your return notification, I am sure that a Company of your size is well aware of The Consumer Rights Act 2015 which came into effect on 1st October 2015 which cleary states Refunds are to be issued within 14 days.

    Am i by law able to get them to cough up the interest charges as a result of this delay or does that come down to goodwill gesture?
    Sorry to be pedantic, but it is not The Consumer Rights Act that "cleary states Refunds are to be issued within 14 days".

    Forgive me for saying it, but if you are going to quote legislation, it is important to get it right.

    But I understand your position.
    You have two posts effectively saying slightly different things.
    Perhaps you need to investigate further before sending that email.
  • powerful_Rogue
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    dagsky wrote: »
    I might add that i would also like to seek compensation for the delayed refund as i have now incurred interest charges on my cc.

    Can't see how they would be liable for your credit card charges.

    When you purchased the items, you obviously wanted them so budgeted for this. Had you kept the items, would you still not have received credit card charges?
  • dagsky
    dagsky Posts: 90 Forumite
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    Had you kept the items, would you still not have received credit card charges?

    Actually the interest charge was more kind of my fault for assuming that after the conversation with them on 13/01 they would have refunded me before my cc bill was due to be paid. I always pay my cc off in full so i calculated the difference between the refund and my total bill and transferred that to my cc. I really ought to have kept an eye on it to check that they did refund in time & had i done so i would have seen it hadn't been done yet and i could have transferred the rest of the bal to my cc to avoid the charges:mad:
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