Refund advice

AW_Dan

Hi, just after some advice if anyone with any experience may be able to help.

In November 2015 I ordered 4 tyres from an online company called Oponeo. I received a tracking number for 2 of the tyres only. These tyres arrived after 5 days.
2 weeks after the order was placed I contacted Oponeo to see if they could give me a tracking number for the other 2 tyres. They replied saying they would look into it and get back to me. I had to contact them again to see if they had any news, which was disappointing. I received a response that there had been an IT error in one of their warehouses and the tyres had now been dispatched. I was told to contact Oponeo when the tyres had been received and a 'special refund' would be given to me.
As soon as the tyres had been delivered I emailed to say that they had been received. I did not get a reply to my email but on checking my online banking 2 days later I saw that I had been refunded £238, the cost of the 2 tyres. This appeared to be the 'special refund' I was promised.
Last week I received an email stating that Oponeo had proof that the tyres had been delivered and that I either had to refund the payment of £238 or return the tyres to them. I have forwarded on all of the correspondence from last year, but it feels as though they are insinuating that I have deceived them in some way.
They have read through everything but are ignoring (intentionally or not) the promise of some sort of 'special refund' and demanding £238 or legal action will be taken against me.

Does anyone have any tips for how to handle this or know where I stand?

Thanks, Dan

JJ_Egan

What proof do they have would be my first question .

AW_Dan

It is a screen shot of the delivery driver's signature device thing.
I don't deny that the tyres arrived, I even emailed them the day they did!

naedanger

AW_Dan wrote: »

Hi, just after some advice if anyone with any experience may be able to help.

In November 2015 I ordered 4 tyres from an online company called Oponeo. I received a tracking number for 2 of the tyres only. These tyres arrived after 5 days.
2 weeks after the order was placed I contacted Oponeo to see if they could give me a tracking number for the other 2 tyres. They replied saying they would look into it and get back to me. I had to contact them again to see if they had any news, which was disappointing. I received a response that there had been an IT error in one of their warehouses and the tyres had now been dispatched. I was told to contact Oponeo when the tyres had been received and a 'special refund' would be given to me.
As soon as the tyres had been delivered I emailed to say that they had been received. I did not get a reply to my email but on checking my online banking 2 days later I saw that I had been refunded £238, the cost of the 2 tyres. This appeared to be the 'special refund' I was promised.
Last week I received an email stating that Oponeo had proof that the tyres had been delivered and that I either had to refund the payment of £238 or return the tyres to them. I have forwarded on all of the correspondence from last year, but it feels as though they are insinuating that I have deceived them in some way.
They have read through everything but are ignoring (intentionally or not) the promise of some sort of 'special refund' and demanding £238 or legal action will be taken against me.

Does anyone have any tips for how to handle this or know where I stand?

Thanks, Dan

Legally I don't think you have a leg to stand on. Had they promised unequivocally to refund your money as well as supply the tyres then you might have had a defence. However the offer of a 'special refund' in my view falls far short of an unequivocal promise of a full refund.

You could leave if for them to sue you. But if they win then you will probably have to pay at least their court fees on top of the £238.

AW_Dan

Thanks, I'll be resolving it before it goes that far.
I'm not against paying them something back as I do have the tyres, I just don't think they should be demanding all of the money after the promise of some sort of refund had been made.
The customer service is appalling, I'm not sure if it's a language barrier but they seem to be ignoring a lot of what I'm saying to them.

naedanger

AW_Dan wrote: »

Thanks, I'll be resolving it before it goes that far.
I'm not against paying them something back as I do have the tyres, I just don't think they should be demanding all of the money after the promise of some sort of refund had been made.
The customer service is appalling, I'm not sure if it's a language barrier but they seem to be ignoring a lot of what I'm saying to them.

Unfortunately for you, I think, they can legally demand the full amount back in your circumstances. You can try and negotiate (they may be keen for a quick resolution) but I don't think you can legally demand to keep anything.

AW_Dan

It's all just a massive headache at the minute. I'm pretty sure the full email trails I have would be read and understood if only their English was a little better.
Being in the middle of a house purchase and waiting on the insurance outcome of a £1600 vet bill isn't leaving much spare at the minute. So glad they waited 7 months to come at me with this!

bod1467

Tell them you're happy to come to a mutually-agreed payment plan with them. Your offer is £200 at £40 per month (for example).

As it's over 6 months I don't think they can simply debit your payment method again for the full amount, so its in their interest to come to an agreement.

unholyangel

Also to add if you experienced any actual losses, then you'd be able to withhold that amount from them (general principle under law of the right to set off/right to offset).

But the problem is you agreed to pay x amount for x product. Yes they promised a refund but didn't say how much it would be and you were happy to continue with the contract on that basis.

If they had promised a 10% or 20% or whatever refund then you'd probably be able to enforce that, but as it stands, I'm afraid you're rather on the short end of the stick.

In future don't be shy and ask them outright what discount they'll be giving - especially if circumstances mean they're in breach of contract and would be liable for return postage costs (ie failure to perform within time limit/faulty/misdescribed) as then it gives you much more leeway in negotiating.